R849-1-13. Declaratory Orders

  (1) Any person may file a request for Office action, requesting that the Office issue a declaratory order determine the applicability of a statute, rule, or order within the primary jurisdiction of the Office in accordance with 63G-4-503.

  (2) Petition Form. The petition shall:

  (a) Be clearly designated as a request for a declaratory order;

  (b) identify the statute, rule, or order to be reviewed;

  (c) describe the situation or circumstances giving rise to the need for the declaratory order or in which applicability of the statute, rule, or order is to be reviewed;

  (d) describe the reason or need for the applicability review;

  (e) identify the person or agency directly affected by the statute, rule, or order;

  (f) include an address and telephone where the petitioner can be reached during regular work days; and

  (g) be signed by the petitioner.

  (3) The provisions of Sections 63G-4-202 through 63G-4-302 apply to declaratory proceedings.

  (4) The Office will not issue a declaratory order that deals with a question or request that the ALJ determines is:

  (a) not within the jurisdiction and competence of the Office;

  (b) trivial, irrelevant, or immaterial;

  (c) not one that is ripe or appropriate for determination;

  (d) currently pending or will be determined in an on-going judicial proceeding;

  (e) prohibited by state or federal law; or

  (f) challenge the validity of a federal statute or regulation.