Utah Admin. Code R650-102-3 - Declaratory Proceedings

(1) A person may petition the division to issue a declaratory order determining the applicability of a statute, rule, or order within the primary jurisdiction of the division.

(2) A person shall ensure a petition:

(a) is clearly designated as a request for an agency declaratory order;

(b) identifies the statute, rule, or order to be reviewed;

(c) states the factual issue, situation, or circumstance in which applicability is sought;

(d) describes the reason or need for the applicability review, including the specific relationship of the requested declaratory order to the legal rights, interests, and objectives of the petitioner;

(e) includes the petitioner's address and telephone number;

(f) provides the contact information for other persons or parties the petitioner considers will be directly affected by the issuance of a declaratory order; and

(g) is signed by the petitioner or the petitioner's authorized representative.

(3)

(a) Upon receipt of a petition, the director or the director's designee shall review the petition to ensure it complies with the requirements of Subsection (2).

(b) If the director or the director's designee determines the petition does not comply with the requirements of Subsection (2), the director or the director's designee shall return the petition to the petitioner.

(c) If the director or the director's designee determines the petition is complete, the director or the director's designee shall review the petition and, within a reasonable amount of time, issue a written order that:

(i) states the applicability or non-applicability of the statute, rule, or order at issue; and

(ii) provides the reason or reasons the statute, rule, or order is applicable or non-applicable.

Notes

Utah Admin. Code R650-102-3

Adopted by Utah State Bulletin Number 2024-07, effective 3/19/2024