R151-4-112. Declaratory Orders

(1)(a) A petition for the issuance of a declaratory order under Section 63G-4-503 shall be filed with the agency head who has primary jurisdiction to enforce or implement the statute, rule, or order for which a declaratory order is sought. (b) The petition shall: (i) set forth: (A) the question to be answered; (B) the facts and circumstances related to the question; (C) the statute, rule, or order to be applied to the question; and (D) whether oral argument is sought in conjunction with the petition; and (ii) comply with Part 2, Pleadings. (2)(a) If the agency head issues a declaratory order without setting the matter for an adjudicative proceeding, the order shall be based on: (i) a review of the petition; (ii) oral argument, if any; (iii) laws and rules applicable to the petition; (iv) applicable records maintained by the department; and (v) other relevant information reasonably available to the department. (b) If the agency head sets the matter for an adjudicative proceeding, the department shall issue a notice of adjudicative proceeding under Subsection 63G-4-201(2)(a). (3) The department may not issue a declaratory order in any of the following classes of circumstances: (a) questions involving circumstances set forth in Subsection 63G-4-503(3)(a)(ii) or 63G-4-503(3)(b); (b) questions that are not within the jurisdiction of the department; (c) questions that have been addressed by the department in an order, rule, or policy; (d) questions that can be addressed by informal advice; (e) questions that are addressed by statute; (f) questions that would be more properly addressed by statute or rule; (g) questions that arise out of pending or anticipated litigation in a civil, criminal, or administrative forum; or (h) questions that are irrelevant, insignificant, meaningless, or spurious. (4) The recipient of a declaratory order may request agency review.