Utah Admin. Code R849-1-13 - Declaratory Orders

(1) Any person may file a request for Office action, requesting that the Office issue a declaratory order determine the applicability of a statute, rule, or order within the primary jurisdiction of the Office in accordance with 63G-4-503.

(2) Petition Form. The petition shall:

(a) Be clearly designated as a request for a declaratory order;

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

(c) describe the situation or circumstances giving rise to the need for the declaratory order or in which applicability of the statute, rule, or order is to be reviewed;

(d) describe the reason or need for the applicability review;

(e) identify the person or agency directly affected by the statute, rule, or order;

(f) include an address and telephone where the petitioner can be reached during regular work days; and

(g) be signed by the petitioner.

(3) The provisions of Sections 63G-4-202 through 63G-4-302 apply to declaratory proceedings.

(4) The Office will not issue a declaratory order that deals with a question or request that the ALJ determines is:

(a) not within the jurisdiction and competence of the Office;

(b) trivial, irrelevant, or immaterial;

(c) not one that is ripe or appropriate for determination;

(d) currently pending or will be determined in an on-going judicial proceeding;

(e) prohibited by state or federal law; or

(f) challenge the validity of a federal statute or regulation.

Notes

Utah Admin. Code R849-1-13

Adopted by Utah State Bulletin Number 2015-9, effective 4/15/2015