Code of Maryland Regulations
Title 14 - INDEPENDENT AGENCIES
Subtitle 03 - COMMISSION ON HUMAN RELATIONS
Chapter 14.03.01 - Rules of Procedure; Public Hearing Process
Section 14.03.01.17 - Declaratory Rulings
Universal Citation: MD Code Reg 14.03.01.17
Current through Register Vol. 51, No. 19, September 20, 2024
A. General.
(1) An interested person may submit to the
Commission a petition for a declaratory ruling with respect to the manner in
which the Commission would apply the provisions of State Government Article,
Title 20, Annotated Code of Maryland, to a person on the facts set forth in the
petition.
(2) The Commission may,
in its sound discretion, declare whether any policy, practice, or conduct
constitutes or would constitute unlawful discrimination within the meaning of
State Government Article, §§
20-301"20-305,
20-401"20-402, 20-606"20-607, 20-609, 20-701, 20-703"20-706, 20-709, and
20-901"20-902, Annotated Code of Maryland.
(3) This section shall be invoked solely for
the purpose of determining the rights of the parties in the event of a
controversy or uncertainty as to applicable law. Any issue or matter which is
the subject of a formal complaint or Commission investigation is outside the
scope of this section.
(4) An
opinion or declaration made by any officer or employee of the Commission may
not bind the Commission except as provided in this section or by Regulation
.07, .09, .10, .12, or .17 of this chapter.
B. Contents of Petition.
(1) A petition for declaratory ruling shall
be in writing and under oath.
(2)
The petition shall contain the following:
(a)
The name and address of the petitioner;
(b) The names of all persons or groups of
persons who may have an interest which would be directly affected by the
declaratory ruling;
(c) A full
disclosure of the petitioner's interest in the matter and how this interest
would be affected by the declaratory ruling;
(d) The precise reasons why a declaratory
ruling is necessary and appropriate in this case;
(e) A detailed statement of the facts giving
rise to the controversy or uncertainty;
(f) The specific declaratory ruling sought;
and
(g) Argument in support of the
ruling, with citation of all relevant statutory provisions.
C. Filing of Petition; Notice.
(1) Petitions under this section shall
be filed with the Office of Administrative Hearings.
(2) The petitioner shall serve by registered
or certified mail a copy of the petition upon the general counsel and all
persons having an interest in the matter.
(3) A certification of service shall be filed
with the petition.
(4) If the
controversy or uncertainty is one affecting a class or subclass of persons, the
administrative law judge may require that written notice of the petition be
given to some or all members in the manner the administrative law judge
considers appropriate.
D. Parties; Intervention.
(1) Parties. For purposes of this section, a
party includes:
(a) A person or organization
whose membership includes any persons who, as a result of the declaratory
ruling, may gain or be deprived of a legal right, privilege, or
benefit;
(b) One or more
representatives of a class or subclass whose members may, as a result of the
declaratory ruling, gain or be deprived of legal rights, privileges, or
benefits; and
(c) The
Commission.
(2) Joinder
and Intervention of a Party.
(a) A person
having a substantial interest in the controversy or uncertainty shall be
permitted to join or intervene in the proceeding as a party.
(b) A representative may be joined or
permitted to intervene as a party if:
(i) The
class is so numerous that joinder of all members is impracticable;
(ii) There are questions of law or fact
common to the class;
(iii) The
claims or defenses of the representative party are typical of the claims or
defenses of the class; or
(iv) The
representative party will fairly and adequately protect the interests of the
class.
(3) In
proceedings under this section, the Commission shall be represented by the
General Counsel.
E. Motion to Dismiss; Grounds.
(1) Within 30 days
from the date the petition is served, any party may file a motion to dismiss
the petition on the grounds that a declaratory ruling is
inappropriate.
(2) Within 90 days
from the date the petition is filed, the administrative law judge shall make a
written determination that the matter is appropriate for resolution through
declaratory ruling or dismiss the petition on the grounds that a declaratory
ruling is inappropriate.
(3)
Grounds for dismissal include, but are not limited to the following:
(a) Petitioner has failed to follow the rules
of procedure or petition requirements set forth in this regulation;
(b) Petition does not raise a substantial
question of law or fact with respect to the provisions of State Government
Article, Title 20, Annotated Code of Maryland;
(c) Controversy or uncertainty is more
appropriately resolved through the complaint resolution procedures of Title 20
of the State Government Article;
(d) Controversy or uncertainty is the subject
of proceedings in another forum or can be resolved by resort to other statutory
or administrative remedies; or
(e)
Contemplated proceedings do not constitute an efficient utilization of agency
resources.
F. Briefs on Merits of Petition; Oral Argument.
(1) If the case is determined by the
administrative law judge to be appropriate for declaratory ruling, the
petitioner shall file within 30 days a brief setting forth argument in support
of the petition or, if the petitioner so desires, can notify the administrative
law judge in writing that the petitioner is relying upon the arguments set
forth in its original petition.
(2)
Within 30 days from the date the petitioner's brief is filed, or from the date
that written notification is given that petitioner is relying upon the argument
set forth in its petition, any party may file a reply brief setting forth the
party's argument in support of or in opposition to the declaratory
ruling.
(3) The administrative law
judge may permit oral argument on the questions of law or fact set forth in the
petition and briefs.
(4) The
petitioner and all parties shall have the right to be represented by counsel
and to be present.
G. Decision; Effect of Ruling.
(1) The
administrative law judge may grant the petition, deny the petition, or
alternatively, dismiss the petition on the grounds that a declaratory ruling is
inappropriate.
(2) A declaratory
ruling, if issued, shall declare the rights of the parties or express the
opinion of the administrative law judge on the question presented.
(3) The decision shall be in the form of a
decision and shall state the conclusions of law.
(4) As to the petitioner, a declaratory
ruling shall bind the Commission on the facts set forth in the
petition.
(5) A declaratory ruling
may be prospectively revoked, altered, or amended by the Commission at any
time.
H. Appeal; Judicial Review.
(1) An appeal to the Appeal
Board of the Commission shall be taken and decided in accordance with the
procedures set forth in Regulation .12 of this chapter.
(2) In the absence of a timely appeal, the
decision of the administrative law judge shall become the final order of the
Commission.
(3) A declaratory
ruling by the Commission is subject to review in circuit court.
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