Md. Code Regs. 22.03.03.04

Current through Register Vol. 51, No. 26, December 27, 2024

Section 22.03.03.04 - Petition for Declaratory Ruling

A. An interested person may file a petition for a declaratory ruling with the Board of Trustees with respect to the applicability of any statute pertaining to the Board of Trustees or the applicability of any regulation adopted by the Board of Trustees. A copy of the petition for a declaratory ruling shall also be filed with the Executive Director.

B. The petition for a declaratory ruling shall:

(1) Be in writing;

(2) Include:

(a) The name, address, and telephone number of the interested person, and

(b) If the interested person is an individual, the Social Security number of the interested person;

(3) Describe the petitioner's interest in making the request for a declaratory ruling;

(4) Contain a detailed statement of the facts and pose the question of whether, and in what manner, the State statute or regulation applies to these facts; and

(5) Include a statement by the interested person, under oath or affirmation, that the facts contained in the petition are true to the best of the interested person's knowledge, information, and belief.

C. The Board of Trustees shall consider the petition for declaratory ruling and may, in its discretion, issue the declaratory ruling requested. The Board of Trustees shall notify the petitioner in writing of whatever action the Board of Trustees may decide to take, stating the reasons for its decision.

Md. Code Regs. 22.03.03.04