R606-1-7. Declaratory Orders

  A. PURPOSE

  As required by Section 63G-4-503, this rule provides the procedures for submission, review, and disposition of petitions for agency Declaratory Orders on the applicability of statutes, rules, and Orders governing or issued by the agency.

  B. PETITION FORM AND FILING

  1. The petition shall be addressed and delivered to the Director, who shall mark the petition with the date of receipt.

  2. The petition shall:

  (a) be clearly designated as a request for an agency Declaratory Order;

  (b) identify the statute, rule, or Order to be reviewed;

  (c) describe in detail the situation or circumstances in which applicability is to be reviewed;

  (d) describe the reason or need for the applicability review, addressing in particular why the review should not be considered frivolous;

  (e) include an address and telephone where the petitioner can be contacted during regular work days;

  (f) declare whether the petitioner has participated in a completed or on-going adjudicative proceeding concerning the same issue within the past 12 months; and

  (g) be signed by the petitioner.

  C. REVIEWABILITY

  The agency shall not review a petition for a Declaratory Order that is:

  1. not within the jurisdiction and competence of the agency;

  2. trivial, irrelevant, or immaterial; or

  3. otherwise excluded by state or federal law.

  D. PETITION REVIEW AND DISPOSITION

  1. The Director shall promptly review and consider the petition and may:

  (a) meet with the petitioner;

  (b) consult with Legal Counsel; or

  (c) take any action consistent with law that the agency deems necessary to provide the petition adequate review and due consideration.

  2. The Director may issue an order pursuant to Section 63G-4-503(6).

  E. ADMINISTRATIVE REVIEW

  Review of a Declaratory Order is per Section 63G-4-302 only.