Form and content of petitions

(a) General. All petitions for declaratory rulings must be addressed to the Board of Review and either mailed or hand delivered to the Board's office. All petitions must be signed by the person filing the petition, unless represented by an attorney or authorized agent, in which case the agent or attorney may sign the petition. The petition must include the address and telephone number of the person filing the petition and of the agent or attorney, if applicable. (b) Petitions on Validity of Regulations. A petition for a declaratory ruling on the validity of a regulation must contain the following: (1) the section number and text of the regulation; (2) the specific basis for the claim of invalidity of the regulation; (3) any argument by the petitioner in support of the claim of invalidity, with a suggested remedy; (4) a detailed statement addressing the factors listed in section 31-237g-107 (b) of these regulations; and (5) a statement of the reason the petition is filed with the Board of Review. Any petition which merely requests a ruling on the validity of the regulation but which does not contain a detailed claim of invalidity, will be rejected by the Board as incomplete. (c) Petitions on Applicability of Statute, Regulation, or Final Decision to Specified Circumstances. A petition seeking a declaratory ruling on the applicability of a statute, regulation, or final decision on a matter within the jurisdiction of the Board to specified circumstances must contain the following: (1) the specific statute, regulation, or final decision upon which the ruling is sought; (2) a brief explanation of why the particular statute, regulation, or final decision is within the jurisdiction of the Board; (3) a statement of the reason the petition was filed with the Board rather than the Administrator; (4) a detailed description of the specified circumstances upon which the petition is based; (5) any argument by the petitioner as to why the particular statute, regulation, or final order either is or is not applicable to the specified circumstances; and (6) a detailed statement addressing the factors listed in section 31-237g-107 (b) of these regulations. Any petition failing to identify the statute, regulation or final decision in question or failing adequately to describe the specified circumstances will be rejected by the Board as incomplete. (d) Notice by Petitioner. The petitioner, or his authorized agent or attorney, shall append to the petition for a declaratory ruling a listing of all persons, with addresses and telephone numbers, who may have an interest in the declaratory ruling sought to be issued and shall mail a copy of the petition to all such persons. The petitioner or his agent or attorney must certify that a copy of the petition was mailed to all such persons together with this statement: "Should you wish to participate in the proceedings on this petition, or receive notice of such proceedings or the declaratory ruling issued as a result of this petition, you should contact the Board of Review within thirty (30) days of the date of this petition."