Except as otherwise provided in subsection
10, an interested person may petition the Board for the issuance of a
declaratory order or advisory opinion concerning the applicability of a
statute, regulation or decision of the Board. Such a petition must include,
(a) The name and mailing
address of the petitioner;
reason for the petition and a statement of the facts and law supporting the
(c) A clear and
concise statement of the question to be decided by the Board and the relief
sought by the petitioner.
2. A person filing such a petition shall file
an original and five copies of the petition and any supporting documentation
with the Board and, within 5 days after filing with the Board, serve one copy
on the Administrator. Such a petition may be filed or served electronically, by
personal service or by registered mail or certified mail, return receipt
3. The Board may refuse
to consider a petition which does not contain the information required by
subsection 1 or was not filed or served pursuant to subsection 2.
4. The Administrator may file with the Board
a response concerning the disposition of the petition not later than 45 days
after service of the petition upon the Administrator and shall, within 5 days
after filing such a response, provide a copy to the petitioner.
After providing written notice to the
petitioner and the Administrator, the Board may:
(a) Conduct an informal hearing to determine
any preliminary matters that may expedite the disposition of the petition and
issue reasonable orders that govern the conduct of a hearing on the merits of
(b) Request that the
petitioner submit additional information or arguments concerning the petition
and allow the Administrator to file a response to any such additional
information or arguments and, upon filing of such a response or at such other
time as the Board may prescribe, provide a copy to the petitioner.
(c) Consider relevant decisions that have
been issued by the Board which apply or interpret the statute, regulation or
decision in question.
(d) Enter any
reasonable order to assist in the review of the petition.
The Board may conduct a formal hearing on
a petition or render a decision on the petition without a hearing based on the
information submitted to the Board. The Board will notify the petitioner and
the Administrator when it determines that it has received sufficient
information to determine how to proceed with the petition and, within 10 days
thereafter, serve notice on the petitioner and the Administrator:
(a) Of the date of the formal hearing, which
must not be sooner than 45 days after the date of service of the notice;
(b) That the petition will be
decided without a formal hearing.
7. The decision of the Board must be based
upon and limited to the information provided to the Board pursuant to this
8. Within 45 days after
the date that the formal hearing is concluded or the date that the Board gives
notice that the petition will be decided without a formal hearing, the Board
will issue a written declaratory order or advisory opinion disposing of the
petition and mail a copy of the declaratory order or advisory opinion to the
petitioner and the Administrator.
9. The Board will maintain a record that is
indexed by subject matter of each declaratory order or advisory opinion issued
by the Board.
10. A person may not
petition the Board for the issuance of a declaratory order or advisory opinion
concerning the applicability of a statute, regulation or decision of the Board
if the applicability of the statute, regulation or decision is at issue in any
administrative, civil or criminal proceeding in which the person is a
11. A decision of the Board
relating to a petition filed pursuant to this section is a final decision for
the purpose of judicial review.