R652-7. Public Petitions for Declaratory Orders, R652. Natural Resources, Forestry, Fire and State Lands, Utah Administrative Code

Utah Administrative Code (Current through November 1, 2019)

R652. Natural Resources, Forestry, Fire and State Lands

R652-7. Public Petitions for Declaratory Orders

R652-7-100. Authority

Latest version.

This rule implements Section 63G-4-503 which authorizes the Division of Forestry, Fire and State Lands to provide 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.

R652-7-200. Definitions

Latest version.

Terms used in this rule are defined in Section 63G-3-102, with the exception of:

1. agency: Division of Forestry, Fire and State Lands.

2. director: director of the Division of Forestry, Fire and State Lands.

3. applicability determination: a determination whether a statute, rule, or order within the primary jurisdiction of the agency should be applied to specified circumstances and how it applies if applicable;

4. declaratory order: an administrative order arising from an applicability determination that establishes rights, status, and other legal relations under a statute, rule, or order; and

5. statute, rule, or order within the primary jurisdiction of the agency:

(a) a statute, the implementation of which is expressly or by clear implication assigned to the agency by legislative action or executive order; or

(b) a rule or order enacted or issued pursuant to express or clearly implied responsibility to implement a statute.

R652-7-300. Petition and Intervention Procedure

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1. Any person or agency may petition for a declaratory order. A petition will be denied summarily if the petitioner seeks an order concerning issues addressed in an agency adjudicative proceeding completed during the 12-month period preceding the petition date for which the petitioner had notice. A person may seek information on agency policies or positions without a formal request for a declaratory order. Information requests are handled expeditiously and without the procedural formality of the declaratory order process.

2. The petition shall be addressed and delivered to the director. Any person may petition for intervention within 30 days of the filing of a petition for a declaratory order or at least 30 days prior to a specified time established by agreement between the petitioner for a declaratory order and the agency, whichever is later.

R652-7-400. Petition Form

Latest version.

1. The petition must:

(a) be clearly designated as a request for an agency declaratory order;

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

(d) describe the reason or need for the applicability review, including the specific relationship of the requested declaratory order to the legal rights, interests, and objectives of the petitioner;

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

(f) identify the names, addresses, and phone numbers of other persons or parties the petitioner believes or knows will be directly affected by the issuance of a declaratory order; and

(g) be signed by the petitioner or his authorized representative.

2. Any letter that expressly states the intent to request an agency declaratory order 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.

R652-7-500. Petition Review and Disposition

Latest version.

1. Upon receipt of a petition, the director or his designee shall review the petition for compliance with R652-7-400. The petition shall be denied if:

(a) the specified facts, issue, situation, or circumstance is based on disputed facts;

(b) the petition raises policy questions which have not been addressed by the agency; and

2. Incomplete, or unclear, petitions shall be returned to the petitioner with an explanation of the additional information required.

3. When a petition is complete, the director shall, in compliance with 63G-4-503(6), issue a written order:

(a) stating the applicability or nonapplicability of the statute, rule, or order at issue; the reasons for the applicability or nonapplicability of the statute, rule, or order; and any requirements imposed on the agency, the petitioner, or any other person having intervened in or consented to the applicability determination process.

(b) setting an informal hearing for the petitioner and any intervenor to examine questions not related to factual disputes;

(d) denying the petition for a declaratory order.

4. Unless otherwise agreed to by the director or his designee and the petitioner, any petition for which an order is not issued pursuant to (2) above is deemed denied.