1296                                             LAWS OF MARYLAND                                        Ch. 284

Defined terms: "Regulation" § 10-101
"Unit" § 10-101

10-125. DECLARATORY JUDGMENT.

(A)  PETITION AUTHORIZED.

(1)  A PERSON MAY FILE A PETITION FOR A DECLARATORY
JUDGMENT ON THE VALIDITY OF ANY REGULATION, WHETHER OR NOT THE
PERSON HAS ASKED THE UNIT TO CONSIDER THE VALIDITY OF THE
REGULATION.

(2)  A PETITION UNDER THIS SECTION SHALL BE FILED WITH
THE CIRCUIT COURT FOR THE COUNTY WHERE THE PETITIONER RESIDES OR
HAS A PRINCIPAL PLACE OF BUSINESS.

(B)  AUTHORITY TO CONSIDER.

A COURT MAY DETERMINE THE VALIDITY OF ANY REGULATION IF IT
APPEARS TO THE COURT THAT THE REGULATION OR ITS THREATENED
APPLICATION INTERFERES WITH OR IMPAIRS OR THREATENS TO INTERFERE
WITH OR IMPAIR A LEGAL RIGHT OR PRIVILEGE OF THE PETITIONER.

(C)  UNIT AS PARTY.

THE UNIT THAT ADOPTED THE REGULATION SHALL BE MADE A PARTY
TO THE PROCEEDING UNDER THIS SECTION.

(D)   FINDING OF INVALIDITY.

SUBJECT TO § 10-128 OF THIS SUBTITLE, THE COURT SHALL
DECLARE A PROVISION OF A REGULATION INVALID IF THE COURT FINDS
THAT:

(1)  THE PROVISION VIOLATES ANY PROVISION OF THE
UNITED STATES OR MARYLAND CONSTITUTION;

(2)  THE PROVISION EXCEEDS THE STATUTORY AUTHORITY OF
THE UNIT; OR

(3)  THE UNIT FAILED TO COMPLY WITH STATUTORY
REQUIREMENTS FOR ADOPTION OF THE PROVISION.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
249(a) and (b).

Subsection (a) of this section is revised to state
that the filing of the petition is authorized
generally and that the request for review by the unit
is not a condition for filing.

In subsection (b) of this section, the phrase "to the
court" is added to clarify that the decision to make
the determination is a decision for the court.