Md. Code Regs. 29.03.03.12

Current through Register Vol. 51, No. 12, June 14, 2024

Section 29.03.03.12 - Review of Petition

A. Upon request, the petitioner shall submit a representative sample of a handgun under consideration. The Board shall either return the handgun upon completion of its examination or reimburse the petitioner at the fair market value of the handgun, at the option of the Board.

B. The Board may, at its own expense, require an independent examination of the handgun in question before rendering a final decision concerning its placement on the Handgun Roster.

C. A petitioner shall bear the burden of proof that the handgun should be placed on the Handgun Roster.

D. Action on Petition.

(1) Within 45 days of the Board's receipt of a petition, the Board shall:

(a) Approve the petition and publish in the Maryland Register the description specified in Regulation .11C(1) of this chapter, accompanied by notice that any objection to its placement on the Handgun Roster shall be filed with the Board within 30 days after the issue date of the issue of the Maryland Register in which the notice appears; or

(b) Deny the petition in writing, stating the reasons for the denial.

(2) The Board shall send a copy of its denial to the petitioner by certified mail, return receipt requested.

E. Failure to Act. If the Board fails to render a decision on a petition within 45 days after its receipt, the petition shall be considered denied. The Board shall publish notice of its failure to act on the petition in the issue of the Maryland Register for which the closing date follows most immediately after the date on which the 45 days end.

F. Hearing after Denial of Petition.

(1) A petitioner may request a hearing within 15 days from the date on which the Board's denial letter is received or the time for the Board to act expires.

(2) The request for hearing shall be in the form provided by the Board. The request shall identify the petition for which a hearing is being sought and state the reasons for which the hearing is being requested. The request shall be sent to the Board by certified or registered mail, return receipt requested, or delivered by hand.

(3) Within 90 days after receiving the request for a hearing, the Board shall hold a hearing in accordance with Regulation .16 of this chapter and issue a written final decision on the petition.

(4) If the Board determines, as a result of the hearing, that the handgun should be placed on the Handgun Roster, the Board shall publish the description of the handgun and the notice required by §D(1)(a) of this regulation.

Md. Code Regs. 29.03.03.12

Regulations .12 adopted as an emergency provision effective June 7, 1989 (16:13 Md. R. 1416); emergency status expired February 19, 1990 (16:24 Md. R. 2615) (Emergency provisions are temporary and not printed in COMAR)
Regulations .12 adopted effective June 11, 1990 (17:11 Md. R. 1344)