HAR §11-1-61. Petitions for declaratory orders

(a) Any interested person or agency may petition for a declaratory order as to the applicability of any statutory provision administered by the department or of any rule or order of the department. (b) The petition shall be filed in writing and shall include: (1) The petitioner's name, mailing address, and telephone number; (2) The petitioner's signature or the signature of the petitioner's authorized representative or attorney; (3) A designation of the specific statutory provision, rule, or order in question, together with a clear and concise statement of the controversy or uncertainty involved; (4) A full disclosure of the petitioner's interest in the subject matter, including the reason or grounds for submission of the petition; (5) A detailed statement of the facts; (6) A statement of the petitioner's position or contention; and (7) A memorandum containing a discussion of reasons and legal authorities in support of the petitioner's position or contention. The department may summarily dismiss any petition that fails to comply with the requirements of this section, or may require the petitioner to file additional data in support of the petition, or may offer a reasonable opportunity to correct any deficiencies in the petition. (c) There is no right to a hearing on a petition for a declaratory order. At its discretion, the department may hold a hearing of any type it chooses before it rules on the petition. (d) The department may, for good cause, refuse to 11-33 2630