R 4.413 Declaratory rulings.

Rule 3. (1) The secretary of state, upon written request of an interested person, may issue a declaratory ruling as to the applicability of the act or these rules to an actual state of facts. (2) A request for a declaratory ruling shall contain all of the following information: (a) A clear, concise, and complete statement of the actual state of facts upon which a ruling may be based. (b) A precise statement of the legal question or issue asked. (c) The signature of the interested person making the request. (3) If the interested person so desires, the person may submit with the request a brief or other reference to legal authorities upon which the person believes the declaratory ruling should be based. (4) The secretary of state shall decline to issue a declaratory ruling in any of the following situations: (a) The subject matter of a 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 the same, course of action is under investigation or is, or has been, the subject of a current action, order, judgment, or decree initiated or obtained by the secretary of state, the attorney general, or a prosecuting attorney. (5) If the secretary of state declines to issue a declaratory ruling, the interested person making the request shall be notified of the reason for the refusal. (6) Each declaratory ruling issued shall contain a statement or findings of fact, a conclusion of law based on all legal authority upon which the department relies for its rulings, if any, and the ruling or determination made. (7) Once issued, a ruling is binding on the department and shall not retroactively be changed, but nothing in this rule shall prohibit the department from prospectively changing a ruling.