R 431.1245 Declaratory ruling.

Rule 1245. (1) Pursuant to section 63 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.263, any person may request a declaratory ruling as to the applicability to an actual state of facts of a statute, rule, or order administered by the executive director. (2) A request for a declaratory ruling shall be submitted in writing to the executive director, and shall contain all of the following information: (a) Specific reference to the statute, rule, or order in question. (b) A complete account of the facts which actually exist for which the declaratory ruling is sought. (c) Contact information and the signature of the requestor. (3) Within 90 calendar days after receiving a submitted request, the executive director shall issue a written notification by regular first-class mail to the petitioner and the petitioner’s legal counsel, if any, stating whether the declaratory ruling will be issued or denied. (4) The executive director may deny a request for declaratory ruling for any of the following reasons: (a) The subject matter of the request is frivolous on its face. (b) The statement of actual facts or issues contained in a request is indefinite, incomplete, or lacks specificity. (c) The same, or substantially similar, actual state of facts or issue of law is under investigation or is subject to any litigation, pending or resolved. (d) The issue in question is commonly accepted practice by industry wide standards. (e) Other reason as determined by the executive director. (5) After the executive director decides to issue a declaratory ruling under subrule (3) of this rule, the executive director may do any of the following: (a) Request more information from the person. (b) Request information from other interested persons. (c) Request information from experts. (d) Request oral or written arguments from interested parties. (e) Hold a hearing upon proper notice to all interested parties. (f) Issue a declaratory ruling. (g) Reconsider the decision to issue a declaratory ruling. (6) A declaratory ruling shall include a statement or findings of fact, conclusions of law supported by legal authority or reasoned opinion, and the ruling or determination made. (7) Once issued, a ruling is binding on the executive director and shall not retroactively be changed, but nothing in this rule prohibits the executive director from prospectively changing a ruling. (8) Upon a written request to the executive director, a person may inspect, copy, or receive a copy of a declaratory ruling.