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Utah Administrative Code (Current through November 1, 2019) |
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R460. Housing Corporation, Administration |
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R460-7. Public Petitions For Declaratory Orders |
| R460-7-1. Purpose |
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(1) As required by Section 63G-4-503, this rule provides the procedures for submission, form, content, filing, review, and disposition of petitions for agency declaratory orders regarding the applicability of statutes, rules, and orders governing or issued by UHC. (2) The procedures governing agency declaratory orders shall be applied in the following order: (a) the applicable procedures of Section 63G-4-503; (b) the procedures specified in this R460-7; (c) the Utah Rules of Civil Procedure; (d) the applicable procedures of other governing state and federal law. |
| R460-7-2. Definitions |
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Terms used in this rule are defined in Section 63G-4-103, and in addition: (1) "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. (2) "Declaratory order" means an administrative interpretation or explanation of rights, status, and other legal relations under a statute, rule or order. (3) "Order" is defined in Section 63G-3-102. |
| R460-7-3. Petition Form Content and Filing |
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(1) The petition shall be addressed and delivered to the president of UHC, who shall mark the petition with the date of receipt. (2) The petition shall: (a) be clearly designated as a request for a UHC declaratory order; (b) identify the specific statute, rule or order which is in question or to be reviewed; (c) describe the reason or need for the applicability review, addressing, in particular, why the review should not be considered frivolous; (d) include an address and telephone number where the petitioner can be contacted during regular work days; (e) declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; (f) be signed by the petitioner. (3) Any letter that expressly states the intent to request an agency declaratory ruling and substantially complies with the information required in this subsection shall be treated as fulfilling the requirements of this subsection even though a technical deficiency may exist in the letter. |
| R460-7-4. Reviewability |
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(1) UHC shall review and consider the petition and may issue a declaratory order. (2) UHC shall not review a petition for declaratory order that is: (a) not within the jurisdiction of UHC; (b) irrelevant or immaterial; (c) subject to the restrictions of Section 63G-4-503. |
| R460-7-5. Petition Review and Disposition |
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(1) In promptly reviewing and considering the petition UHC may: (a) meet with the petitioner; (b) consult with counsel; (c) take any action consistent with law that UHC deems necessary to provide the petition adequate review and due consideration. (2) After consideration of a petition for a declaratory order, UHC may issue a written order: (a) declaring the applicability of the statute, rule or order in question to the specified circumstances; (b) which declines to issue a declaratory order and stating the reasons for its action; (c) agreeing to issue a declaratory order within a specified time. (3) A declaratory order shall contain: (a) the names of all parties to the proceeding on which it is based; (b) the particular facts on which it is based; (c) the reasons for its conclusion. (4) A copy of all orders issued in response to a request for a declaratory order shall be mailed promptly to the petitioner and any other parties. (5) If UHC sets the matter for an adjudicative proceeding under Section 63G-4-503(6)(a)(ii), the proceeding shall be designated as informal, pursuant to R460-6, and shall follow the appropriate procedures of Section 63G-4. |
| R460-7-6. Administrative Review |
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A petitioner may seek review or reconsideration of a declaratory order by petitioning UHC under the procedures of Sections 63G-4-301 and 302 or as otherwise provided by law. |
| R460-7-7. Extension of Time |
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Unless the petitioner and UHC agree in writing to an extension, if UHC has not issued a declaratory order within 60 days after receipt of the request for a declaratory order, the petition is denied. |