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Utah Administrative Code (Current through November 1, 2019) |
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R251. Corrections, Administration |
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R251-104. Declaratory Orders |
| R251-104-1. Purpose |
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As required by Section 63G-4-503, UCA, the purpose of this rule is to define policy, procedures and requirements governing the submission, review, and disposition of petitions for declaratory orders determining the applicability of statutes, rules, and orders within the jurisdiction of the Department. |
| R251-104-2. Authority |
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This rule is required by Title 63G, Chapter 4, the Utah Administrative Procedures Act, and is enacted under the authority of Sections 63G-4-503, 63G-3-201, and 64-13-10 of the Utah Code. |
| R251-104-3. Definitions |
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"Applicability" means whether a statute, rule or order should be applied to a given circumstance, and if so, how the statute, rule or order should be applied. "Declaratory order" means an administrative interpretation or explanation of rights, status and other legal relations under a statute, rule or order. "Department" means Utah Department of Corrections. |
| R251-104-4. Policy |
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It is the policy of the Department that: (1) any interested person may petition the Department for a declaratory order regarding statutes, orders, and rules which pertain to the jurisdiction of the Department; (2) the Department shall provide forms, content and filing instructions to any person wishing to submit a petition for a declaratory order; (3) the Department shall not review a petition for a declaratory order that is: (a) not within the jurisdiction of the agency; (b) irrelevant or immaterial; or (c) otherwise excluded by state or federal law; (4) the Department shall not review the petition if the person requesting the declaratory order has participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request; (5) the petition shall be reviewed and a declaratory order or progress report shall be issued by the Executive Director/designee within 30 days of receipt of the request; (6) unless the petitioner and the Department agree in writing to an extension, or if the Department has not issued a declaratory order within 60 days after the receipt of the request for the declaratory order, the petition is to be considered as having been denied; and (7) a declaratory order issued has the same status and binding effect as any other order issued in an adjudicative proceeding. |