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Utah Administrative Code (Current through November 1, 2019) |
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R13. Administrative Services, Administration |
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R13-1. Public Petitions for Declaratory Orders |
| R13-1-1. Purpose |
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(1) As required by Section 63G-4-503, 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 agency. (2) In order of importance, procedures governing declaratory orders are: (a) procedures specified in this rule pursuant to Title 63G, Chapter 4; (b) the applicable procedures of Title 63G, Chapter 4; (c) applicable procedures of other governing state and federal law; and (d) the Utah Rules of Civil Procedure. |
| R13-1-2. Definitions |
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Terms used in this rule are defined in Section 63G-4-103, except and in addition: (a) "agency" means the pertinent division or office of the Department of Administrative Services; (b) "applicability" means a determination if a statute, rule, or order should be applied, and if so, how the law stated should be applied to the facts; (c) "declaratory order" means an administrative interpretation or explanation of rights, status, and other legal relations under a statute, rule, or order; (d) "director" means the agency head or governing body with jurisdiction over the agency's adjudicative proceedings; (e) "order" is defined in Section 63G-3-102; and (f) "superior agency" means the Executive Director's Office of the Department of Administrative Services. |
| R13-1-3. Petition Form and Filing |
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(1) The petition, or request for agency action, shall be addressed and delivered to the director, who shall mark the petition with the date of receipt. (2) The petition shall: (a) be clearly designated as a request for an agency declaratory order; (b) identify the statute, rule, or order to be reviewed; (c) describe in detail the situation or circumstances in which applicability is to be reviewed; (d) describe the reason or need for the applicability 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 work days; (f) declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; and (g) be signed by the petitioner. |
| R13-1-4. Reviewability |
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The agency may not review a petition for declaratory orders that is: (a) not within the jurisdiction and competence of the agency; (b) trivial, irrelevant, or immaterial; or (c) otherwise prohibited by state or federal law. |
| R13-1-5. Intervention |
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A person may file a petition for intervention under Section 63G-4-207 if delivered to the director within 20 days of the director's receipt of the declaratory order petition filed under Section R13-1-3. |
| R13-1-6. Petition Review and Disposition |
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(1) The director shall promptly review and consider the petition and may: (a) meet with the petitioner; (b) consult with counsel or the Attorney General; and (c) take any action consistent with law that the agency deems necessary to provide the petition adequate review and due consideration. (2) The director may issue an order pursuant to Subsection 63G-4-503(6). (3) If the director orders an adjudicative proceeding under Subsection 63G-4-503(6): (a) the proceeding shall be formal and governed by the procedures of Title 63G, Chapter 4 or other applicable law if a petition for intervention has been filed within the limits of Section R13-1-5; and (b) shall be designated as informal and follow the appropriate procedures of Title 63G, Chapter 4, agency rules, or other applicable law, if a petition for intervention has not been filed within the limits of Section R13-1-5. |
| R13-1-7. Administrative Review |
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A petitioner may seek review or reconsideration of a declaratory order by petitioning the director under the procedures of Sections 63G-4-301 and 63G-4-302. (a) If the presiding officer issuing the declaratory order is the director, the petitioner may seek the review of the superior agency. (b) The petitioner may appeal a director's review or reconsideration decision to the superior agency. (c) If the petitioner receives no response from the superior agency within 20 days of filing a petition for review or reconsideration, the appeal shall be considered denied. |