Sec. 07.01.01.04. Petition for the Adoption or Waiver of Regulations

A. Who May File.

(1) An interested person may file a petition with the Secretary requesting the promulgation, amendment, or repeal of a regulation.

(2) A subdivision within the jurisdiction of the Department, as specified in Regulation .01C of this chapter, may file a petition requesting a waiver of a regulation for purposes of a pilot or demonstration program.

B. Form. The petition shall:

(1) Be in writing;

(2) Contain a:

(a) Brief statement of a regulation requested to be promulgated, referenced to the regulation, amendment, or repeal being sought, and a statement of:

(i) Any proposed amendment, and

(ii) Reasons to support the proposed regulation change; or

(b) Brief statement and justification of the requested waiver; and

(3) Include the petitioner's:

(a) Name;

(b) Address;

(c) Telephone number; and

(d) Facsimile number, if available.

C. Petition Filed.

(1) The petition shall be filed with the Secretary of Human Services for the Secretary's consideration and disposition.

(2) A petition addressed to other Department officials or employees shall be forwarded to the Secretary within 48 hours of receipt of the petition.

(3) The time period to respond to the petition, as indicated in §E of this regulation, begins on the date the Secretary receives the petition.

D. Consideration. The Secretary shall consider the petition and may use any of the following procedures to obtain additional information or views:

(1) Publication of the petition or its summary in the Maryland Register;

(2) Submission of the petition to other interested individuals requesting comments;

(3) Public meetings or hearings on the petition; or

(4) Any other procedure designed to obtain the views of the public on the petition's subject matter.

E. Disposition. Within 60 days after receipt of the petition, the Secretary shall:

(1) Either:

(a) Deny the petition stating the reasons for the denial, or

(b) Initiate the promulgation or waiver of the regulation; and

(2) Send written notice of the action taken on the petition to:

(a) The petitioner, and

(b) Any other individual requesting notification.

F. Department Records.

(1) The Secretary shall maintain a file of all submitted petitions and responses.

(2) The file shall be available for public inspection.