No. 37080 (5-year Review): Rule R746-101. Statement of Rule for the Filing and Disposition of Petitions for Declaratory Rulings

DAR File No.: 37080
Filed: 11/28/2012 11:53:07 AM

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:

This rule is authorized pursuant to Section 54-1-1 which requires the commission to exercise its rulemaking powers. Subsection 63G-4-503(2) requires each agency to issue rules defining procedure for filing petitions for declaratory rulings.

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 comments have been received in last five years.

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

Rule R746-101 should be continued because it continues to be required by Subsection 63G-4-503(2). It identifies and sets forth the procedure for filing a Petition for Declaratory Ruling, the format of a petition, and the procedure of review and disposition of the petition. This rule makes it clear to the public what is expected from a petitioner and what they can expect from the commission when they need an explanation of rights, status, interests, or other legal relationships under a statue, rule, or order.

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

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]
• David Clark at the above address, by phone at 801-530-6708, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]

Authorized by:

David Clark, Legal Counsel

Effective:

11/28/2012

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