Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 27 - BOARD OF NURSING
Chapter 10.27.08 - Petition for Declaratory Ruling
Section 10.27.08.03 - Consideration and Disposition

Universal Citation: MD Code Reg 10.27.08.03

Current through Register Vol. 51, No. 19, September 20, 2024

A. 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.

B. Disposition.

(1) A declaratory ruling issued shall be in writing, stating the:
(a) Question;

(b) Decision;

(c) Description of factors considered; and

(d) Sources relied upon.

(2) A declaratory ruling issued by the Board shall plainly state that it is a declaratory ruling pursuant to these regulations.

(3) 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.

C. Publication and Inspection.

(1) The Board shall keep a record of each declaratory ruling issued.

(2) 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.

D. The Board may refuse to consider a petition 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 prior:
(a) Regulation,

(b) Declaratory ruling,

(c) Decision,

(d) Legal opinion; or

(4) The Board or its designee concludes that a ruling would not be in the public interest.

Disclaimer: These regulations may not be the most recent version. Maryland may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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