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Utah Administrative Code (Current through November 1, 2019) |
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R30. Administrative Services, Office of Inspector General of Medicaid Services |
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R30-3. Declaratory Orders |
| R30-3-1. Purpose |
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The purpose of this rule is to describe the procedures the office shall follow in declaratory proceedings. |
| R30-3-2. Authority |
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This rule is authorized by Section 63A-13-602 and Section 63G-4-503. |
| R30-3-3. Definitions |
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(1) Terms used in this rule are defined in Section 63A-13-102. (2) In addition, "ALJ" means an impartial administrative law judge who has been appointed by the inspector general to conduct adjudicative proceedings according to these rules. |
| R30-3-4. Petition Form and Filing |
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(1) A petition for a declaratory order shall be delivered to the office as provided by Subsection R30-2-6(3). (2) The petition shall: (a) be clearly designated as a request for declaratory order; (b) identify the statute, rule or order to be reviewed; (c) describe in detail the situation or circumstances to be reviewed; (d) describe the reason or need for the review, addressing in particular, why the review should not be considered frivolous; (e) include an address and telephone where the petitioner can be contacted during regular business hours; and (f) be signed by the petitioner. |
| R30-3-5. Reviewability |
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(1) The agency may not issue a declaratory order if the subject matter is: (a) excluded from review under Subsection 63G-4-503(3); (b) not within the jurisdiction and expertise of the agency; (c) frivolous, trivial, irrelevant or immaterial; or (d) otherwise excluded by state and federal law. |
| R30-3-6. Petition Review and Disposition |
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(1) A petition for declaratory relief shall be referred to the ALJ for review and consideration. (2) The ALJ may request input from the petitioner and the office prior to issuing a written order as provided in Subsection 63G-4-503(6). |