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Utah Administrative Code (Current through November 1, 2019) |
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R746. Public Service Commission, Administration |
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R746-101. Statement of Rule for the Filing and Disposition of Petitions for Declaratory Rulings |
| R746-101-1. Definitions |
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A. Terms used in this rule are defined in Section 63G-4-103, except that "agency" shall mean the Utah Public Service Commission. B. In addition: 1. "Order" shall mean a Commission action of particular applicability which determines the legal rights, duties, privileges, immunities, or other legal interests of one or more specific persons and not a class of persons; 2. "Declaratory Ruling" shall mean an administrative interpretation or explanation of rights, status, interests or other legal relationships under a statute, rule or order; and 3. "Applicability" shall mean a determination of the relationship of a statute, rule or order to a given set of facts. |
| R746-101-2. Petition Procedure |
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A. A person or agency may petition the Commission for a declaratory ruling. B. The petition shall be addressed to the Commission and directed to the chairman of the Commission. C. The Commission will stamp upon the petition the date of its receipt. D. The petitioner shall serve a copy of the petition upon the public utility which could or would be adversely affected by a Commission ruling favorable to the petitioner and shall file with the Commission the certificate of service within five days of the filing of the petition; or petitioner shall include in the petition a statement to the effect that no public utility under the Commission's jurisdiction will be adversely affected by a ruling favorable to the petitioner. |
| R746-101-3. Petition Form |
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A. The petition shall: 1. be clearly designated a request for a declaratory ruling; 2. identify the statute, rule or order to be reviewed; 3. describe adequately the facts and circumstances in which applicability is to be reviewed; 4. describe the reason or need for the review; 5. include an address and telephone number where petitioner can be reached; and 6. be signed by the petitioner or petitioner's duly authorized representative and be notarized. |
| R746-101-4. Petition Review and Disposition |
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A. The Commission shall: 1. review and consider the petition; 2. prepare a declaratory ruling in compliance with the requirements of 63G-4-503(6) and stating: a. the applicability or non-applicability of the statute, rule or order in question; b. the reasons for the applicability or non-applicability of the statute, rule or order in question; c. requirements imposed upon the Commission, petitioner, or a person as a result of the ruling. B. The Commission may: 1. interview the petitioner; 2. hold a public hearing on the petition; 3. consult with counsel or the Attorney General; or 4. take action which the Commission, in its discretion and judgment, deems necessary to provide the petitioner with adequate review and due consideration of the petition. C. The Commission shall prepare the declaratory ruling without unnecessary delay and shall send the petitioner and each party a copy of the ruling. D. The Commission shall retain the petition and a copy of the declaratory ruling in its records. |