Agency Rulemaking Petition - Maryland

PETITION FOR RULEMAKING — MARYLAND

IMPORTANT NOTICE

This template is designed for use under Maryland's Administrative Procedure Act (APA), codified at Md. Code Ann., State Gov't § 10-101 et seq. Under § 10-123, any interested person may petition a state agency to adopt, amend, or repeal a regulation. The agency must respond within 60 days by either initiating rulemaking proceedings or denying the petition in writing with stated reasons.

This document must be reviewed by a licensed Maryland attorney before filing.

SECTION 1: COVER LETTER

[__/__/____]

[________________________________]
[Title/Position]
[________________________________]
[Agency Name]
[________________________________]
[Agency Street Address]
[________________________________]
[City], Maryland [____]

Via: ☐ Hand Delivery ☐ Certified Mail, Return Receipt Requested ☐ Electronic Filing (if accepted by agency)

Re: Petition for Rulemaking Under Md. Code Ann., State Gov't § 10-123

Dear [________________________________]:

On behalf of [________________________________] ("Petitioner(s)"), I respectfully submit the enclosed Petition for Rulemaking requesting that [________________________________] ("Agency") initiate rulemaking proceedings to:

☐ Adopt a new regulation concerning [________________________________]
☐ Amend existing regulation COMAR [________________________________]
☐ Repeal existing regulation COMAR [________________________________]

This petition is filed pursuant to Maryland Code Annotated, State Government Article § 10-123, which provides that any interested person may petition an agency for the adoption, amendment, or repeal of a regulation. The petition sets forth the proposed regulatory text, statement of need, legal authority, and supporting evidence as required by Maryland law.

Petitioner(s) respectfully request that the Agency acknowledge receipt of this petition and, within 60 days, either initiate rulemaking proceedings or provide a written denial with stated reasons as required by § 10-123.

Please direct all correspondence regarding this petition to the undersigned at the contact information provided below.

Respectfully submitted,

[________________________________]
[Printed Name]
[________________________________]
[Bar Number, if applicable]
[________________________________]
[Firm/Organization Name]
[________________________________]
[Street Address]
[________________________________]
[City], Maryland [____]
[________________________________]
[Telephone]
[________________________________]
[Email Address]

SECTION 2: FORMAL PETITION FOR RULEMAKING

BEFORE THE [________________________________]

STATE OF MARYLAND

PETITION FOR ADOPTION / AMENDMENT / REPEAL OF REGULATION
Filed Pursuant to Md. Code Ann., State Gov't § 10-123

Petition No.: [________________________________] (Agency to assign)
Date Filed: [__/__/____]

2.1 Petitioner Information

2.2 Nature of Petitioner's Interest

Petitioner has standing to file this petition as:

☐ An individual directly affected by the existing or proposed regulation
☐ A business or organization subject to the agency's regulatory jurisdiction
☐ A trade association or professional organization representing affected members
☐ A public interest organization advocating on behalf of affected persons
☐ An elected official or governmental entity
☐ Other interested person (describe): [________________________________]

Describe the specific nature of Petitioner's interest:

[________________________________]
[________________________________]
[________________________________]

2.3 Agency Identification

2.4 Action Requested

Petitioner requests that the Agency:

☐ Adopt a new regulation under COMAR Title [____], Subtitle [____], Chapter [____]
☐ Amend existing regulation COMAR [________________________________]
☐ Repeal existing regulation COMAR [________________________________]

Brief description of the requested action:

[________________________________]
[________________________________]
[________________________________]

SECTION 3: STATEMENT OF NEED

3.1 Current Problem or Deficiency

Describe the current regulatory gap, problem, or outdated provision that this petition seeks to address:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.2 Persons or Entities Affected

Identify the persons, businesses, or entities adversely affected by the current situation:

[________________________________]
[________________________________]
[________________________________]

3.3 Scope and Severity of the Problem

Provide data, statistics, or specific examples demonstrating the magnitude of the issue:

[________________________________]
[________________________________]
[________________________________]
[________________________________]

3.4 Inadequacy of Current Regulatory Framework

Explain why the existing regulations are insufficient or why no regulation currently addresses the problem:

[________________________________]
[________________________________]
[________________________________]

3.5 Urgency

Describe any time-sensitive factors that weigh in favor of prompt rulemaking:

[________________________________]
[________________________________]
[________________________________]

SECTION 4: PROPOSED RULE LANGUAGE

4.1 Full Text of Proposed Regulation

(Provide the complete proposed regulatory text. For amendments, use strikethrough for deletions and underline for additions. Use COMAR formatting conventions.)

COMAR [________________________________]

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

4.2 Explanation of Proposed Text

Provide a section-by-section explanation of the proposed regulatory language:

4.3 Alternative Approaches Considered

Describe any alternative regulatory approaches the Petitioner considered and explain why the proposed text is preferable:

[________________________________]
[________________________________]
[________________________________]

SECTION 5: LEGAL AUTHORITY ANALYSIS

5.1 Statutory Authority for Agency Rulemaking

Identify the specific statutory provisions that authorize the Agency to adopt the proposed regulation:

5.2 Constitutional Authority

Identify any relevant Maryland constitutional provisions:

[________________________________]
[________________________________]

5.3 Federal Law Considerations

Describe any relevant federal statutes, regulations, or preemption issues:

☐ No federal law considerations apply
☐ The proposed regulation is consistent with applicable federal law, specifically:

[________________________________]
[________________________________]

5.4 Consistency with Existing COMAR Provisions

Explain how the proposed regulation interacts with existing COMAR regulations:

[________________________________]
[________________________________]
[________________________________]

5.5 Petition Authority Under § 10-123

This petition is filed pursuant to Md. Code Ann., State Gov't § 10-123, which provides:

• Any interested person may petition an agency requesting the adoption, amendment, or repeal of a regulation
• The agency shall, within 60 days of receipt, either (a) initiate the regulation adoption process or (b) deny the petition in writing, stating the reasons for denial
• The petition procedure supplements (and does not replace) any other methods by which rulemaking may be initiated

SECTION 6: IMPACT ANALYSIS

6.1 Economic Impact

Cost-Benefit Summary:

6.2 Small Business Impact

Describe the impact on small businesses (as defined by Maryland law):

[________________________________]
[________________________________]
[________________________________]

6.3 Environmental Impact

☐ No environmental impact anticipated
☐ Environmental impact analysis:

[________________________________]
[________________________________]

6.4 Impact on State Fiscal Health

Describe any impact on State revenues or expenditures:

[________________________________]
[________________________________]

6.5 Regulatory Overlap Assessment

Identify any existing state, federal, or local regulations that may overlap with the proposed regulation:

[________________________________]
[________________________________]

SECTION 7: PUBLIC INTEREST ARGUMENTS

7.1 Public Health and Safety

[________________________________]
[________________________________]
[________________________________]

7.2 Consumer Protection

[________________________________]
[________________________________]
[________________________________]

7.3 Environmental Protection

[________________________________]
[________________________________]

7.4 Economic Development and Job Creation

[________________________________]
[________________________________]

7.5 Equity and Fairness

[________________________________]
[________________________________]

7.6 Government Transparency and Accountability

[________________________________]
[________________________________]

7.7 Summary of Public Interest Factors

[________________________________]
[________________________________]
[________________________________]

SECTION 8: SUPPORTING EVIDENCE

8.1 Exhibit List

8.2 Types of Supporting Evidence

☐ Factual data and statistical analyses
☐ Technical studies or scientific reports
☐ Economic impact analyses or cost-benefit studies
☐ Expert declarations or affidavits
☐ Stakeholder support letters
☐ Comparative analysis of other jurisdictions' approaches
☐ Legislative history or committee reports
☐ Agency guidance documents or prior agency statements
☐ News articles or media coverage documenting the problem
☐ Court decisions interpreting relevant statutes
☐ Other: [________________________________]

8.3 Stakeholder Support

List organizations, entities, or individuals who support this petition:

SECTION 9: FILING INSTRUCTIONS

9.1 Maryland-Specific Filing Requirements

☐ Verify the target agency's specific petition procedures (some agencies have supplemental requirements under COMAR)
☐ Address the petition to the agency head or designated regulations coordinator
☐ Include all required contact information for the petitioner
☐ Provide the full proposed regulatory text in COMAR format
☐ Attach all supporting exhibits referenced in the petition
☐ Retain a complete copy of the petition and all exhibits for your records
☐ Send the petition via a method that provides proof of delivery (certified mail or hand delivery)

9.2 Service and Notice

Under Maryland law, there is no statutory requirement to serve copies of the petition on other parties. However, as a matter of practice:

☐ Consider providing a copy to the Division of State Documents (dsd.maryland.gov)
☐ Consider providing a copy to the Joint Committee on Administrative, Executive, and Legislative Review (AELR Committee)
☐ Consider notifying known stakeholders who may wish to support the petition

9.3 Filing Checklist

☐ Petition is complete and signed
☐ Proposed regulatory text is included in full
☐ Statement of need is factually supported
☐ Legal authority citations are verified and current
☐ All exhibits are properly labeled and attached
☐ Cover letter is addressed to the correct agency official
☐ Proof of delivery method is arranged
☐ Copy retained for Petitioner's records
☐ Calendar reminder set for 60-day agency response deadline

SECTION 10: AGENCY RESPONSE REQUIREMENTS

10.1 Statutory Timeline

Under Md. Code Ann., State Gov't § 10-123, the agency must respond within 60 days of receipt of the petition by either:

1. Initiating rulemaking proceedings — The agency begins the regulation adoption process under § 10-111 et seq., which includes:
   - Filing a notice of proposed rulemaking with the Division of State Documents
   - Publication in the Maryland Register
   - Public comment period (minimum 30 days)
   - Review by the AELR Committee
   - Final adoption and effective date

2. Denying the petition in writing — The agency must provide a written statement of its reasons for denying the petition

10.2 What Constitutes an Adequate Agency Response

The agency's written denial must include:

• A clear statement that the petition is denied
• Specific, articulated reasons for the denial
• Reference to the factual and legal bases for the denial

10.3 If the Agency Fails to Respond

If the agency does not respond within 60 days:

• Send a follow-up letter by certified mail requesting a response
• Document the failure to respond for potential judicial review
• Consider contacting the AELR Committee to request oversight assistance

SECTION 11: APPEAL OF DENIAL

11.1 Judicial Review of Agency Denial

Under Maryland law, the denial of a petition for rulemaking may be subject to judicial review under certain circumstances:

• Standard of Review: Judicial review of agency action (including denial of a rulemaking petition) is generally governed by Md. Code Ann., State Gov't § 10-222 (contested cases) or § 10-125 (judicial review of regulations)
• Arbitrary and Capricious Standard: A court may review whether the agency's denial was arbitrary, capricious, or an abuse of discretion
• Exhaustion of Remedies: Petitioner must generally exhaust all available administrative remedies before seeking judicial review

11.2 Alternative Remedies After Denial

☐ Resubmit a revised petition addressing the agency's stated reasons for denial
☐ Request a meeting with the agency head to discuss the petition
☐ Contact the AELR Committee to request legislative oversight
☐ Seek legislative action through a bill mandating the agency to adopt the regulation
☐ Contact the Governor's Office to request executive intervention
☐ File a declaratory judgment action in circuit court
☐ Pursue federal rulemaking if the issue has a federal nexus

11.3 Timeline for Judicial Review

SECTION 12: DOCUMENT CHECKLIST

Pre-Filing Checklist

☐ Researched the agency's specific rulemaking procedures under COMAR
☐ Confirmed the agency has statutory authority to adopt the proposed regulation
☐ Verified that no pending rulemaking already addresses the same issue
☐ Checked the Maryland Register for any related proposed or recently adopted regulations
☐ Reviewed COMAR formatting requirements for the proposed regulatory text
☐ Consulted with affected stakeholders and gathered support
☐ Prepared economic impact data and supporting evidence
☐ Had the petition reviewed by qualified Maryland counsel

Petition Package Contents

☐ Cover letter
☐ Formal Petition for Rulemaking (signed and dated)
☐ Statement of Need
☐ Full proposed regulatory text in COMAR format
☐ Legal authority analysis
☐ Impact analysis
☐ Public interest arguments
☐ All supporting exhibits (labeled Exhibit A, B, C, etc.)
☐ Stakeholder support letters (if any)
☐ Certificate of service (if serving additional parties)

SECTION 13: PRACTICE TIPS FOR MARYLAND PRACTITIONERS

Strategic Considerations

1. Research the Agency's History: Review the Maryland Register and COMAR for any prior rulemaking activity in the relevant area. Check whether the agency has previously denied similar petitions.

2. Engage the AELR Committee: The Joint Committee on Administrative, Executive, and Legislative Review has oversight authority over agency rulemaking. Informing the Committee of your petition may create additional pressure for the agency to respond.

3. Division of State Documents: The Division of State Documents (dsd.maryland.gov) publishes the Maryland Register and maintains COMAR. Review recent publications for relevant regulatory activity.

4. Timing Considerations: Consider the agency's regulatory calendar and budget cycle. Petitions filed early in the fiscal year may receive more attention.

5. Coalition Building: Petitions supported by multiple stakeholders carry more weight. Consider coordinating with trade associations, advocacy groups, or other affected parties.

6. COMAR Formatting: Maryland regulations follow a specific numbering and formatting convention (Title.Subtitle.Chapter.Regulation). Ensure your proposed text follows these conventions.

7. Legislative Alternative: If the agency denies the petition, consider pursuing legislation mandating the regulatory change through the Maryland General Assembly.

8. Governor's Executive Orders: The Governor may issue executive orders directing agencies to initiate rulemaking on specific topics. Consider engaging the Governor's Office.

Common Grounds for Agency Denial

• Lack of statutory authority to adopt the proposed regulation
• The proposed regulation conflicts with existing law or policy
• Insufficient evidence of need for the regulatory change
• The proposed regulation would impose disproportionate costs
• The agency is already considering rulemaking on the same topic
• Resource constraints prevent the agency from processing the petition

Strengthening the Petition

• Provide concrete data and evidence rather than general assertions
• Address potential agency objections proactively
• Demonstrate broad stakeholder support
• Show that the proposed regulation is consistent with the agency's mission
• Include a realistic economic impact assessment
• Offer to participate in the rulemaking process if initiated

SECTION 14: VERIFICATION AND SIGNATURE

I, [________________________________], declare under penalty of perjury that the facts stated in this petition are true and correct to the best of my knowledge and belief.

Signature: _______________________________________________

Printed Name: [________________________________]

Title: [________________________________]

Organization: [________________________________]

Date: [__/__/____]

Address: [________________________________]

Telephone: [________________________________]

Email: [________________________________]

SECTION 15: SOURCES AND REFERENCES

Maryland Statutory Authorities

• Md. Code Ann., State Gov't § 10-123 — Petition for Adoption of Regulation
• Md. Code Ann., State Gov't § 10-101 — Definitions (Administrative Procedure Act)
• Md. Code Ann., State Gov't § 10-111 — Adoption of Regulations (General Provisions)
• Md. Code Ann., State Gov't § 10-112 — Notice of Proposed Action
• Md. Code Ann., State Gov't § 10-113 — Public Comment Period
• Md. Code Ann., State Gov't § 10-115 — AELR Committee Review
• Md. Code Ann., State Gov't § 10-125 — Judicial Review of Regulations
• Md. Code Ann., State Gov't § 10-222 — Judicial Review (Contested Cases)

Maryland Regulatory References

• Code of Maryland Regulations (COMAR): https://dsd.maryland.gov/Pages/COMARHome.aspx
• Maryland Register: https://dsd.maryland.gov/Pages/MRHome.aspx
• Division of State Documents: https://dsd.maryland.gov

Administrative Resources

• Joint Committee on Administrative, Executive, and Legislative Review (AELR Committee)
• Maryland Attorney General's Office — Advisory opinions on agency authority
• Maryland Department of Legislative Services — Bill drafting and regulatory review

This template is provided by ezel.ai for informational purposes only. It does not constitute legal advice and should not be used without review by a qualified Maryland attorney. Laws and regulations are subject to change; verify all citations before filing.