Sec. 10.27.08.03. Consideration and Disposition

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.