Utah Admin. Code R907-1-16 - Declaratory Rulings
(1) Petition for
Declaratory Orders. Any person may Petition the Department to appoint a
Presiding Officer to hear arguments for and against issuing a declaratory order
on the applicability of any Department administrative rule, federal regulation,
or order as well as any provision of the Utah Code within the jurisdiction of
the Department, which directly affect the operations or activities of that
person. The Petition must include the questions and answers sought and reasons
supporting or opposing the application of the statute, rule, federal
regulation, or order involved.
(2)
Not Subject to Declaratory Rulings. A Presiding Officer may not issue a
declaratory ruling if:
(a) the person
requesting the declaratory ruling participated in an adjudicative proceeding
concerning the same issue within 12 months of the date of the present request;
or
(b) there would be substantial
prejudice to the rights of a person who would be a necessary party unless that
person consents in writing to the determination of the matter by a declaratory
proceeding.
(3)
Intervention. Persons may intervene in declaratory proceedings if they meet the
requirements of Section
R907-1-12.
(4) Forms of Rulings. After receiving a
Petition for a declaratory order, a Presiding Officer may issue a written
order:
(a) declaring the applicability of the
statute, rule, regulation, or order in question to the specified circumstances;
or
(b) decline to issue a
declaratory order and state the reasons for its action.
(5) Contents of Order. A declaratory order
will contain:
(a) the names of the parties to
the proceeding;
(b) the particular
facts that are the basis of the proceeding; and
(c) the reasons for its conclusion.
(6) Mailing of Order. The
Presiding Officer will promptly deliver a copy of orders issued in response to
a request for a declaratory proceeding to the Petitioner and other
parties.
(7) Binding Effect. A
declaratory order has the same status and binding effect as any other order
issued in an adjudicative proceeding.
(8) Time Limit. Unless the Petitioner and the
Presiding Officer agree in writing to an extension, if the Presiding Officer
has not issued a declaratory order within 60 days after receiving the request
for a declaratory order, the Petitioner may consider the Petition
denied.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.