R653-7-20. Declaratory Orders

1. Any interested person may file a request for agency action requesting that the Division or Board issue a declaratory order determining the applicability of any statute, rule, or order within the primary jurisdiction of the Division or Board pursuant to Section 63-46b-21.

2. A request for a declaratory order shall be filed in accordance with Section 63-46b-21 which request commences an informal adjudicative proceeding and shall set forth in detail:

a. the specific statute, rule, or order which is in question;

b. the specific facts for which the order is requested;

c. the manner in which the person making the request claims the statute, rule, or order may affect him; and

d. the specific question for which a declaratory order is requested.

3. The Division or Board may in their discretion decline to issue declaratory orders where the facts presented are deemed to be conjectural, abstract, insubstantial or where the public interest would best be served by not issuing an order.