Ch. 538 LAWS OF MARYLAND

(e) Copies of all rules shall be made available to the public at a cost not to
exceed the cost of reproduction.]

[241.

Any interested person may petition an agency requesting the promulgation,
amendment, or repeal of any rule. Each agency shall prescribe by rule the form for such
petitions and the procedure for their submission, consideration, and. disposition.]

[242.

(a) The validity of any rule may be determined upon petition for a declaratory
judgment addressed to the Circuit Court of Washington County. The declaratory
judgment may be rendered whether or not the petitioner has first requested the agency
to pass upon the validity of the rule.

(b) The court shall declare the rule invalid if it finds that it violates
constitutional provisions or exceeds the statutory authority of the agency or was
adopted without compliance with statutory rule-making procedures.

(c) The provisions of a rule are severable unless the rule expressly states that its
provisions are not severable. The finding by a court that a provision of a rule is void or
unenforceable does not affect the validity of any other provisions of the rule unless the
court finds the remaining valid provisions alone are incomplete and incapable of being
executed in accordance with the regulatory intent.]

[243.

On petition of any interested person or corporation, any agency may issue a
declaratory ruling with respect to the applicability to any person, corporation, property
or state of facts of any rule or statute enforceable by it. A declaratory ruling, if issued
after argument and stated to be binding, is binding between the agency and the
petitioner on the state of facts alleged, unless it is altered or set aside by a court. Such
a ruling is subject to review in the Circuit Court of Washington County in the manner
provided for the review of decisions in contested cases. Each agency shall prescribe by
rule the form for such petitions and the procedure for their submission, consideration,
and disposition.]

[244.

(a) In any contested case, all parties shall be afforded an opportunity for
hearing after reasonable notice. The notice shall state the time, place and issues
involved, but if, by reason of the nature of the proceeding, the issues cannot be fully
stated in advance of the hearing, or if subsequent amendment of the issues is necessary,
they shall be fully stated as soon as practicable, and opportunity shall be afforded all
parties to present evidence and argument with respect thereto.

(b) The agency shall prepare an official record, which shall include testimony
and exhibits, in each contested case, but it shall not be necessary to transcribe
shorthand notes unless requested for purposes of rehearing or court review.

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