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    Protocol for the Consideration of Petitions for Declaratory Judgment Related to COMAR 10.11.07 (Prohibition of Sale of Baby Bumper Pads)
     
    The Department has received requests related to whether certain commercially available products are “baby bumper pads,” as defined in COMAR 10.11.07.01(B)(2).  Interested persons may petition the Department, in accordance with COMAR 10.01.12, for a declaratory ruling on whether a particular product is a “baby bumper pad.”  The Department will consider such requests according to this Protocol.
    I.   Contents of Petition
     A.  Each petition shall be filed in writing at:
     
    Attn: Maternal and Child Health Bureau
    Maryland Department of Health 
    Room 308
    201 W. Preston Street
    Baltimore, MD 21201
     
    Or they may be submitted electronically via email to:
     
     
    and shall contain all material the petitioner wishes the Department to consider, including:
    (1) The interest of the petitioner in making the request;
    (2) The issues involved;
    (3) A statement of the facts;
    (4) A list and copy of documents or statements the petitioner believes should be considered, including any health data about the use of the product that the petitioner has generated or has knowledge of; and
    (5) A sworn statement by the petitioner that the facts contained in the petition are true to the best of the person's knowledge and belief.
    B.  The petition and all supporting materials are “public records” under the Maryland Public Information Act, see Md. Code Ann., State Gov’t § 10-611(g), and will be published on the Department’s website.  Petitioners should provide a redacted version of any material that they consider to contain confidential commercial information, see id. § 10-611(d), or that they believe is not subject to public inspection for any other reason under Maryland law.
    II.   Participation by Members of the Public and Petitioner’s Response
    A.  The petition and all supporting documents will be posted on the Department’s website at https://health.maryland.gov/phpa/mch/Pages/crib-bumper-protocol.aspx for 30 days after receipt of the petition.  During this time period, members of the public may submit written comments on the petition.  Written submissions will be accepted at:
     
    Attn: Maternal and Child Health Bureau
    Maryland Department of Health
    Room 308
    201 W. Preston Street
    Baltimore, MD 21201
     
    Or they may be submitted electronically via email to:
     
    B.  The petitioner may respond to any submission by a member of the public in writing within 30 days after the close of the period for members of the public to participate.  Written responses will be accepted at:
     
    Attn: Maternal and Child Health Bureau
    Maryland Department of Health
    Room 308
    201 W. Preston Street
    Baltimore, MD 21201
     
    Or they may be submitted electronically via email to:
     
    III.   Consideration by Committee
    A.  The Secretary has established a committee of subject matter experts consisting of one representative from the Office of the Chief Medical Examiner (OCME) and one representative from the Department’s Maternal & Child Health Bureau to consider petitions and to issue proposed written decisions.  The Committee will be advised by the Office of the Attorney General. 
    B.  The petition, all submissions by members of the public, and any response by the petitioner will be forwarded to the Committee when all submissions, including any response by the petitioner, have been received.   
    C.  The Committee will issue a proposed ruling containing reasons for its decision within 30 days after receiving the petition and all other submissions and responses.
    IV.      Issuance of Declaratory Ruling
     A.  After receiving the proposed ruling, under COMAR 10.01.12.03, the Secretary may issue a final declaratory ruling containing reasons for the decision or adopting the reasoning of the Committee. 
    B.  The petitioner will be notified in writing of the declaratory ruling.
    C.  The declaratory ruling will be published on the Department’s website at https://health.maryland.gov/phpa/mch/Pages/crib-bumper-protocol.aspx.
    10/2013

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