Sec. 10.24.01.14. Special Procedures

A. Declaratory Rulings.

(1) An affected person uncertain as to how a statute or regulation enforced by the Commission applies to a person or property may file with the Commission a petition for a declaratory ruling in accordance with the procedures in §A(2)-(11) of this regulation.

(2) The Commission may decline to issue a declaratory ruling for any of the following reasons:

(a) The petition is not in accordance with this section;

(b) The petition contains insufficient factual or legal information upon which to base a declaratory ruling;

(c) The petition raises issues adequately addressed in a final decision or regulation of the Commission;

(d) The petition fails to pose a significant issue;

(e) The petition is properly heard as part of an evidentiary hearing; or

(f) A declaratory ruling would not be in the public interest.

(3) Within 15 days of receipt of a petition, the Executive Director shall either assign the petition to the full Commission for a decision or appoint a Commissioner to make a proposed ruling on the petition, which shall be considered by the full Commission.

(4) Within 45 days, or by the second regularly scheduled Commission meeting following the filing of the petition, whichever is later, the Commission shall either rule or decline to rule on the petition. If the petition raises issues requiring further deliberation, the Commission by vote may postpone issuing its formal written declaratory ruling for up to 35 days.

(5) To secure a declaratory ruling, an affected person shall submit a petition for a declaratory ruling that contains the following information:

(a) The petitioner's name, address, and telephone number;

(b) A one or two sentence statement of each question on which a ruling is requested;

(c) A one or two sentence summary of the petitioner's position on each question;

(d) Citation to each provision that the Commission needs to interpret in order to answer each question posed;

(e) A brief statement of each relevant fact;

(f) The petitioner's factual, legal, and policy arguments, referring to documents, affidavits, data, and other relevant information, which shall be appended to the petition, unless the documents are readily accessible to the Commission; and

(g) A statement by the petitioner under penalties of perjury that each fact recited as relevant to the question posed is true to the best of the petitioner's knowledge, information, and belief.

(6) The Commission shall promptly publish notice of the receipt of a petition in the Maryland Register, and shall include the petition under new business on tentative meeting agendas until the Commission acts upon the petition.

(7) In rendering a declaratory ruling, the Commission, in addition to considering the materials submitted by the petitioner and comments from staff, may:

(a) Request and receive oral or written statements from any person;

(b) Consider any document, data, study, or other relevant material; or

(c) Require argument on the question on the record, giving the petitioner the opportunity to present argument and to proffer witnesses and documents for the Commission's consideration.

(8) The declaratory ruling shall be in writing, and state:

(a) Each question addressed;

(b) The Commission's ruling; and

(c) The factual and legal basis for the ruling.

(9) A declaratory ruling binds the Commission and the petitioner on the facts set forth in the petition, except when this binding effect violates the due process rights of a competing applicant in a comparative review.

(10) The Commission may revoke, alter, or amend a declaratory ruling, which may have prospective effect only.

(11) A petitioner may appeal the declaratory ruling as set forth in State Government Article, Title 10, Annotated Code of Maryland.

B. Determination of Coverage. A project that requires formal review to determine whether it comes under the law and regulations shall be dealt with in the following manner:

(1) A request for determination shall be made in writing to the Commission;

(2) The Executive Director of the Commission shall review the request and act on it within 30 business days of receipt;

(3) The requesting party shall provide any additional information requested by the Commission or staff, and the effective date of the Commission's determination shall relate back to the date the Commission received the requested information;

(4) The Commission shall notify the requesting party, appropriate local health department, and the agencies responsible under the Department's licensure program whether the project requires a Certificate of Need or other Commission review;

(5) The determination of coverage may be appealed by the requesting party through the procedures set forth in Regulation .09E of this chapter.

C. The procedures in this regulation provide a means by which an affected person may obtain an appealable decision from the Commission on specific issues. Nothing in this regulation prevents a person from writing the Commission, asking for its opinion or judgment on any matter, and relying on the Commission's response.