Utah Administrative Code (Current through November 1, 2019) |
R428. Health, Center for Health Data, Health Care Statistics |
R428-5. Appeal and Adjudicative Proceedings |
R428-5-7. Declaratory Orders
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(1) Any person or agency may petition for a committee declaratory ruling of rights, status, or other legal relations under a specific statute or rule by submitting a written petition. The petition shall contain the following information:
(a) the specific statute or rule to be reviewed;
(b) the situation or circumstances in which applicability is to be reviewed;
(c) the reason or need for the applicability review;
(d) the name, address, and telephone number where the petitioner can be contacted;
(e) the date of submission and signature of the petitioner.
(2) The committee or its authorized representative shall review and consider the petition and may issue a declaratory ruling setting forth:
(a) the applicability or non-applicability of the specific statute or rule;
(b) the reasons for the applicability or non-applicability of the specific statute or rule;
(c) any requirements imposed on the agency, petitioner, or any other person as a result of the ruling.
(3) The committee may as appropriate:
(a) interview the petitioner;
(b) consult with counsel or the Attorney General;
(c) take any action the committee in its judgment deems necessary to provide that the petition receives adequate review and due consideration.
(4) If the committee has not issued a declaratory order within 60 days after receipt of the petition, the petition is denied.
(5) The committee will not issue a declaratory order concerning any action which could result in the Department imposing sanctions.