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Session Laws, 1984
Volume 759, Page 1324   View pdf image
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1324                                             LAWS OF MARYLAND                                         Ch. 284

10-303. POLITICAL SUBDIVISIONS AND INSTRUMENTALITIES.

A POLITICAL SUBDIVISION OF THE STATE OR AN INSTRUMENTALITY
OF A POLITICAL. SUBDIVISION IS ENTITLED, TO THE SAME EXTENT AS
OTHER LEGAL ENTITIES, TO BE AN INTERESTED PERSON, PARTY, OR
PETITIONER IN A MATTER UNDER THIS SUBTITLE, INCLUDING AN APPEAL.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Art. 41, §
256A.

The phrase "is entitled, to the same extent as other
legal entities, to be" is substituted for the former
language "have the status", to reflect that a
political subdivision or instrumentality is not,
e.g., a party by operation of law but must have
standing and elect to be a party. This substitution
is based on Montgomery County v. One Park North
Associates, 275 Md. 193 (1975").

Defined terms: "Includes";"including" § 1-101
"Person" § 1-101

10-304. PETITION FOR RULING.

(A)  AUTHORIZED.

AN INTERESTED PERSON MAY SUBMIT TO A UNIT A PETITION FOR A
DECLARATORY RULING WITH RESPECT TO THE MANNER IN WHICH THE UNIT
WOULD APPLY A REGULATION OR ORDER OF THE UNIT OR A STATUTE THAT
THE UNIT ENFORCES TO A PERSON OR PROPERTY ON THE FACTS SET FORTH
IN THE PETITION.

(B)  REGULATIONS.

EACH UNIT SHALL ADOPT REGULATIONS THAT SET:

(1)  THE FORM FOR A PETITION UNDER THIS SECTION; AND

(2)  PROCEDURES FOR THE SUBMISSION, CONSIDERATION, AND
DISPOSITION OF THE PETITION.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first and fourth
sentences of former Art. 41, § 250.

Subsection (a) of this section is revised to state
expressly that the filing of the petition is
authorized.

In subsection (a) of this section, the reference to
"the manner in which the unit would apply" is
substituted for the former, general reference to "the
applicability of" a regulation, to conform to §

 

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Session Laws, 1984
Volume 759, Page 1324   View pdf image
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