(a) Any interested person may petition the board
for a declaratory ruling as to the applicability of any statutory provision
administered by the board or of any rule or order of the Fund.
(b) Every petition shall be in writing and shall
be submitted in duplicate to the board. The petition need not be in any particular
form but shall contain the following:
(1) The
petitioner's name, address, and telephone number;
(2) A designation of the specific statute, rule or
order in question;
(3) A statement of
the nature of the petitioner's interest, including the reasons for the submittal of
the petition;
(4) A complete statement
of the relevant and material facts;
(5)
A statement of the position or contentions of the petitioner; and
(6) A full discussion of the reasons, including
any legal authorities, in support of the petitioner's position or contention.
The board may reject any petition that does not contain the
foregoing information.
(c) Petitions to intervene and become a party to a
declaratory ruling proceeding may be submitted in writing to the board. Such
petitions shall contain the same information as required under subsection (b) and
the grounds and reasons on which intervention is sought. The Board may deny
intervention where the petition to intervene raises issues not reasonably pertinent
to the issues already presented or the petition raises issues that would broaden the
issues to be decided. If intervention is granted, the petitioner shall become a
party to the proceeding to the degree permitted by the order granting
intervention.
(d) The board may dismiss
any petition for a declaratory ruling for good cause. Without limiting the
generality of good cause, the board may dismiss a petition if:
(1) The question raised is purely speculative or
hypothetical;
(2) The petitioner's
interest is not of the type or nature that would give the petitioner standing to
maintain an action if the petitioner were to seek judicial relief;
(3) The issuance of a declaratory ruling may
adversely affect the interests of the employer, the board, any of the trustees, the
Fund, or any of the Fund's officers or employees in litigation which is pending or
reasonably expected to arise in the future; or
(4) The matter is not within the jurisdiction of
the board.
(e) Subject to
applicable federal and state law, the board at its discretion shall:
(1) Render a decision on the petition for a
declaratory ruling without a hearing; or
(2) Hold a hearing and thereafter render its
decision on the petition; or
(3) Refer
the petition for consideration or hearing to the administrator, a special or
standing committee of the board or any other person or entity duly designated by the
board. After considering the recommendation of the administrator, committee or
designated person or entity, the board shall render its decision on the petition.
Where any question of law is involved, the board may seek the
assistance of the state attorney general in reviewing the matter. The board may also
seek the assistance of other government agencies when necessary or desirable.
Any petitioner who desires a hearing shall submit a written
request for a hearing together with the petition for a declaratory ruling. The
written request shall set forth in detail the reasons why the matters alleged in the
petition, together with supporting affidavits or other written evidence and briefs
or memoranda of legal authorities, will not permit the fair and expeditious
disposition of the petition and, to the extent that the request for a hearing is
dependent upon factual assertions, shall submit affidavits or certificates
establishing those facts.
(f) The petition for a declaratory ruling shall
either be rejected in accordance with subsection (d) or acted upon by issuance of an
order within ninety (90) days. Upon the disposition of the petition, the board shall
promptly notify the petitioner.
(g)
Orders disposing of petitions for a declaratory ruling will have the same status as
other agency orders. An order shall be applicable only to the fact situation alleged
in the petition or as set forth in the order. An order shall not be applicable to
different fact situations or where additional facts exist that were not considered
in the order.
