Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 4
Subtitle 32 - BOARD OF PHYSICIANS
Chapter 10.32.16 - Petition for Declaratory Ruling
Section 10.32.16.03 - Consideration and Disposition
Universal Citation: MD Code Reg 10.32.16.03
Current through Register Vol. 51, No. 19, September 20, 2024
A. Consideration.
(1) A petition will be granted
whenever the Board or the Board's designee considers issuing a declaratory
ruling advisable under the circumstances.
(2) In rendering its ruling, the Board or the
Board's designee:
(a) Shall consider all
materials submitted with the petition;
(b) May consider any document, data, or other
relevant material;
(c) May consult
individuals;
(d) May consider
comments from the staff; and
(e)
May require argument of the question or permit the introduction of evidence by
the petitioner or, in the Board's sole discretion, by other persons.
(3) Consideration of the proposed
rulings prepared by the Board's designee shall be conducted according to
procedures adopted by the Board in each case.
B. Disposition.
(1) A declaratory ruling issued shall be in
writing, stating the:
(a) Issue;
(b) Conclusion;
(c) Facts on which the conclusion was based;
and
(d) Sources relied
upon.
(2) A declaratory
ruling issued by the Board shall plainly state that it is a declaratory ruling
pursuant to this chapter.
(3) A
written answer from the Board or any employee or committee of the Board to an
inquiry is not a declaratory ruling unless made in conformity with this
chapter.
C. Publication and Inspection.
(1) The Board shall keep a
record of each declaratory ruling issued and index all declaratory rulings
issued by reference to the statute or regulation involved.
(2) The Board may publish declaratory rulings
of general interest subject to the mandates of State Government Article, Title
10, Subtitle 6, Part III, Annotated Code of Maryland, and allow inspection of
the declaratory rulings subject to that statute.
D. Denial. A petition may be denied if the:
(1) Request contains incomplete information
on which to base an informed declaratory ruling;
(2) Board or the Board's designee concludes
that a declaratory ruling cannot reasonably be given on the matter;
(3) Matter is adequately covered by a:
(a) Regulation,
(b) Declaratory ruling,
(c) Decision, or
(d) Legal opinion;
(4) Matter is the subject of a pending
disciplinary proceeding; or
(5) The
Board or the Board's 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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