27 CAR § 160-106. Declaratory orders

(a) Purpose and use of declaratory orders. (1) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or grants over which the State Aid Street Committee has authority. (2) A petition for declaratory order may be used only to resolve questions or doubts as to how the statutes, rules, or grants may apply to the petitioner’s particular circumstances. (3) A declaratory order is not the appropriate means for: (A) Determining the conduct of another person; or (B) Obtaining a policy statement of general applicability from the committee. (4) A petition or declaratory order must describe the potential impact of statutes, rules, or grants upon the petitioner’s interests. (b) The petition. The process to obtain a declaratory order is begun by filing with the committee in care of the Operations and Programs Officer, Arkansas Municipal League, with a copy to the state aid engineer, State Aid Division of the Arkansas Department of Transportation, a petition that provides the following information: (1) The caption, which shall read: Petition for Declaratory Order Before the State Aid Street Committee; (2) The name, address, telephone number, and facsimile number of the petitioner; (3) The name, address, telephone number, and facsimile number of the attorney of the petitioner; (4) The statutory provision or provisions, committee rule or rules, or committee grant or grants on which the declaratory order is sought; (5) A description of how the statutes, rules, or grants may substantially affect the petitioner and the petitioner’s particular set of circumstances, and the question or issue on which petitioner seeks a declaratory order; (6) The signature of the petitioner or petitioner’s attorney; (7) The date; and (8) Request for a hearing, if desired. (c) Agency disposition. (1) The committee may hold a hearing to consider a petition for declaratory order. (2) If a hearing is held, it shall be conducted in accordance with Arkansas Code §§ 25-15-208 and 25-15-213. (3) The committee may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts. (4) Within ninety (90) days of the filing of the petition, the committee will render a final order denying the petition or issuing a declaratory order.