Utah Admin. Code R151-4-112 - Declaratory Orders

(a) A petition for the issuance of a declaratory order under Section 63G-4-503 shall be filed with the agency head who has primary jurisdiction to enforce or implement the statute, rule, or order for which a declaratory order is sought.
(b) The petition shall:
(i) set forth:
(A) the question to be answered;
(B) the facts and circumstances related to the question;
(C) the statute, rule, or order to be applied to the question; and
(D) whether oral argument is sought in conjunction with the petition; and
(ii) comply with Part 2, Pleadings.
(a) If the agency head issues a declaratory order without setting the matter for an adjudicative proceeding, the order shall be based on:
(i) a review of the petition;
(ii) oral argument, if any;
(iii) laws and rules applicable to the petition;
(iv) applicable records maintained by the department; and
(v) other relevant information reasonably available to the department.
(b) If the agency head sets the matter for an adjudicative proceeding, the department shall issue a notice of adjudicative proceeding under Subsection 63G-4-201(2)(a).
(3) The department may not issue a declaratory order in any of the following classes of circumstances:
(a) questions involving circumstances set forth in Subsection 63G-4-503(3)(a)(ii) or (3)(b);
(b) questions that are not within the jurisdiction of the department;
(c) questions that have been addressed by the department in an order, rule, or policy;
(d) questions that can be addressed by informal advice;
(e) questions that are addressed by statute;
(f) questions that would be more properly addressed by statute or rule;
(g) questions that arise out of pending or anticipated litigation in a civil, criminal, or administrative forum; or
(h) questions that are irrelevant, insignificant, meaningless, or spurious.
(4) The recipient of a declaratory order may request agency review.


Utah Admin. Code R151-4-112
Amended by Utah State Bulletin Number 2021-02, effective 1/8/2021 Amended by Utah State Bulletin Number 2022-18, effective 9/7/2022

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