R380-1-2. Petition Procedure

(1) Any person or government agency directly affected by a statute administered by the Department, a rule promulgated by the Department or any of its committees having statutory authority to make rules, or an order issued by the Department may petition for a declaratory order.

(a) For petitions seeking a declaratory order determining the applicability of statutes administered by the Department, the petitioner shall file the petition with the Executive Director.

(b) For petitions seeking a declaratory order determining the applicability of rules promulgated by the Department or any of its committees, the petitioner shall file the petition with the Department division that administers the program to which the rule pertains.

(c) For petitions seeking a declaratory order determining the applicability of orders promulgated by the Department, and not by a committee given statutory authority to issue orders, the petitioner shall file the petition with the Department division that administers the program associated with the subject matter of the order.