Sec. 14.03.01.17. Declaratory Rulings

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.