No. 31936: R13-1. Public Petitions for Declaratory Orders

DAR File No.: 31936
Filed: 09/10/2008, 07:37
Received by: NL

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Section 63G-4-503 requires each agency to issue rules that govern procedures for declaratory orders. Specifically, it provides that, "Each agency shall issue rules that: (a) provide for the form, contents, and filing of petitions for declaratory orders; (b) provide for the disposition of the petitions; (c) define the classes of circumstances in which the agency will not issue a declaratory order; (d) are consistent with the public interest and with the general policy of this chapter; and (e) facilitate and encourage agency issuance of reliable advice." Subsection 63G-4-503(2).

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No written comments have been received since this rule was last reviewed.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

This rule provides the procedures for submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes, rules, and orders governing or issued by the department, or one of its divisions or offices. The rule is being continued as one of the standard procedures of open and transparent government in compliance with the Utah Administrative Procedures Act.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Administrative Services
Administration
Room 3120 STATE OFFICE BLDG
450 N MAIN ST
SALT LAKE CITY UT 84114-1201

Direct questions regarding this rule to:

Kenneth A. Hansen at the above address, by phone at 801-538-3777, by FAX at 801-538-1773, or by Internet E-mail at [e-mail]

Authorized by:

Kimberly K Hood, Executive Director