R428-5-7. Declaratory Orders

  (1) Any person or agency may petition for a committee declaratory ruling of rights, status, or other legal relations under a specific statute or rule by submitting a written petition. The petition shall contain the following information:

  (a) the specific statute or rule to be reviewed;

  (b) the situation or circumstances in which applicability is to be reviewed;

  (c) the reason or need for the applicability review;

  (d) the name, address, and telephone number where the petitioner can be contacted;

  (e) the date of submission and signature of the petitioner.

  (2) The committee or its authorized representative shall review and consider the petition and may issue a declaratory ruling setting forth:

  (a) the applicability or non-applicability of the specific statute or rule;

  (b) the reasons for the applicability or non-applicability of the specific statute or rule;

  (c) any requirements imposed on the agency, petitioner, or any other person as a result of the ruling.

  (3) The committee may as appropriate:

  (a) interview the petitioner;

  (b) consult with counsel or the Attorney General;

  (c) take any action the committee in its judgment deems necessary to provide that the petition receives adequate review and due consideration.

  (4) If the committee has not issued a declaratory order within 60 days after receipt of the petition, the petition is denied.

  (5) The committee will not issue a declaratory order concerning any action which could result in the Department imposing sanctions.