Code of Maryland Regulations › Title 15 - MARYLAND DEPARTMENT OF AGRICULTURE › Subtitle 01 - OFFICE OF THE SECRETARY › Chapter 15.01.01 - Procedural Regulations › Section 15.01.01.02 - Procedural Regulations - Promulgation of Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless otherwise designated by statute,
				these procedures will be followed with respect to the promulgation of all
				regulations.
B. Regulation Adoption
				and Declaratory Rulings.
(1) Secretary of the
				Department. The Secretary of Agriculture is responsible for adopting the
				regulations of the Department. He shall review, and approve, disapprove, or
				revise the regulations of all units within the jurisdiction of the
				Department.
(2) Adoption of
				Regulations. New, amended, revised, or repealed regulations shall be proposed
				and adopted on a regular or emergency basis, as prescribed by the State
				Documents Law and the Administrative Procedures Act.
(3) Petition for the Adoption of Regulations.
(a) Who May File. Any interested person may
				file a petition with the Secretary, requesting the promulgation, amendment, or
				repeal of any regulation.
(b) Form.
				The petition shall be in writing and shall contain a brief statement of the
				regulation, or reference to the regulation, amendment, or repeal which is
				sought, and a statement of any proposed amendment. The petition should contain
				a brief statement of reasons in support of the proposed regulation or change
				and shall contain the name, address, and telephone number of the
				petitioner.
(c) Submission,
				Consideration, and Disposition. The petition shall be filed with the Secretary
				for his consideration and disposition. The Secretary shall either deny the
				petition in writing, stating the reasons for his denial, or initiate
				appropriate regulation-making procedures according to his decision.
(4) Petition for Declaratory
				Ruling.
(a) Who May File. Any interested
				person may file with the Secretary a petition for a declaratory ruling with
				respect to the applicability to any person, corporation, property, or statement
				of facts of any statute or Departmental regulation pertaining to the
				Department's activities.
(b) Form.
				The petition shall:
(i) Be in
				writing:
(ii) Contain a detailed
				statement of the facts which are applicable to the regulation or statute in
				question;
(iii) Pose the question
				of whether, and in what manner, the stated regulation or statute applies to the
				facts contained in the petition;
(iv) Contain the name, address, and telephone
				number of the petitioner; and
(v)
				Contain a statement by the petitioner, under oath, that the facts contained in
				the petition are true to the best of his knowledge, information, and
				belief.
(c) Submission,
				Consideration, and Disposition. The petition shall be filed with the Secretary
				for his consideration and disposition. The Secretary shall consider the
				petition and may issue the declaratory ruling requested. The Secretary shall
				notify the petitioner in writing of whatever action he may decide to take,
				stating the reasons for his decision.
(5) The Secretary shall:
(a) Set the date and place of all
				hearings;
(b) Give notice as
				provided here;
(c) Preside at all
				hearings;
(d) Receive all views and
				data, either written or oral, pertaining to proposed action of the
				Department.