- A. A petition will be granted unless the Board or its designee considers a declaratory ruling inadvisable due to considerations listed in §H of this regulation.
B. In rendering its ruling, the Board or its designee:
- (1) Shall consider all materials submitted with the petition;
- (2) May consider any document, data, or other relevant material;
- (3) May consult individuals;
- (4) May consider comments from the staff; or
- (5) May require argument of the question or permit the introduction of evidence.
C. A declaratory ruling issued shall be in writing, stating the:
- (1) Issue;
- (2) Conclusion;
- (3) Facts upon which the conclusion was based; and
- (4) Sources relied upon.
- D. A declaratory ruling issued by the Board shall plainly state that it is a declaratory ruling made pursuant to these regulations.
- E. A written answer from the Board or any employee of the Board to an inquiry may not be construed as a declaratory ruling unless made in conformity with these regulations.
- F. The Board shall keep a record of each declaratory ruling issued and index all declaratory rulings issued by reference to statute or regulation involved.
- G. The Board may publish declaratory rulings of general interest subject to the mandates of the Public Information Act, State Government Article, §10-601 et seq., Annotated Code of Maryland, and allow inspection of the declaratory rulings subject to the Public Information Act.
H. A petition may be denied if the:
- (1) Request contains incomplete information upon which to base an informed declaratory ruling;
- (2) Board or its designee concludes that a declaratory ruling cannot reasonably be given on the matter;
(3) Matter is adequately covered by a:
- (a) Prior regulation,
- (b) Declaratory ruling,
- (c) Decision, or
- (d) Legal opinion; or
- (4) Board or its designee concludes that a ruling would not be in the public interest.
Authority: State Government Article, §§10-304 and 10-305, Annotated Code of Maryland
Effective date: February 19, 1990 (17:3 Md. R. 300)