Section R849-1-13 - Declaratory Orders(1) Any person may file a request for Office action, requesting that the Office issue a declaratory order determine the applicability of a statute, rule, or order within the primary jurisdiction of the Office in accordance with 63G-4-503. (2) Petition Form. The petition shall: (a) Be clearly designated as a request for a declaratory order; (b) identify the statute, rule, or order to be reviewed; (c) describe the situation or circumstances giving rise to the need for the declaratory order or in which applicability of the statute, rule, or order is to be reviewed; (d) describe the reason or need for the applicability review; (e) identify the person or agency directly affected by the statute, rule, or order; (f) include an address and telephone where the petitioner can be reached during regular work days; and (g) be signed by the petitioner. (3) The provisions of Sections 63G-4-202 through 63G-4-302 apply to declaratory proceedings. (4) The Office will not issue a declaratory order that deals with a question or request that the ALJ determines is: (a) not within the jurisdiction and competence of the Office; (b) trivial, irrelevant, or immaterial; (c) not one that is ripe or appropriate for determination; (d) currently pending or will be determined in an on-going judicial proceeding; (e) prohibited by state or federal law; or (f) challenge the validity of a federal statute or regulation. Utah Admin. Code R849-1-13
Adopted by Utah State Bulletin Number 2015-9, effective 4/15/2015