R380-1-5. Petition Disposition

(1) The committee or administrative unit within the department making the recommendation to the Executive Director under this rule shall:

(a) review and consider the petition;

(b) prepare a recommended declaratory order stating:

(i) the applicability or non-applicability of the statute, rule, or order at issue;

(ii) the reasons for the applicability or non-applicability of the statute, rule, or order; and

(iii) any requirements imposed on the agency, the petitioner, or any person as a result of the declaratory order.

(2) The person or committee making the recommendation under this rule may:

(i) interview the petitioner;

(ii) hold an informal adjudicative hearing to gather information prior to making its determination;

(iii) hold a public information-gathering hearing on the petition;

(iv) consult with other Department staff, committee members, the Attorney General's Office, other government agencies, or the public; and

(v) take any other action necessary to provide the petition adequate review and due consideration.

(3) The Executive Director may modify the recommendation, refer the recommendation back for modification, or reject the recommendation. The Executive Director shall prepare the final declaratory order without undue delay and send the petitioner a copy of the order when completed.