Section R907-1-16 - Declaratory Rulings(1) Petition for Declaratory Orders. Any person may Petition the Department to appoint a Presiding Officer to hear arguments for and against issuing a declaratory order on the applicability of any Department administrative rule, federal regulation, or order as well as any provision of the Utah Code within the jurisdiction of the Department, which directly affect the operations or activities of that person. The Petition must include the questions and answers sought and reasons supporting or opposing the application of the statute, rule, federal regulation, or order involved.(2) Not Subject to Declaratory Rulings. A Presiding Officer may not issue a declaratory ruling if: (a) the person requesting the declaratory ruling participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request; or(b) there would be substantial prejudice to the rights of a person who would be a necessary party unless that person consents in writing to the determination of the matter by a declaratory proceeding.(3) Intervention. Persons may intervene in declaratory proceedings if they meet the requirements of Section R907-1-12.(4) Forms of Rulings. After receiving a Petition for a declaratory order, a Presiding Officer may issue a written order:(a) declaring the applicability of the statute, rule, regulation, or order in question to the specified circumstances; or(b) decline to issue a declaratory order and state the reasons for its action.(5) Contents of Order. A declaratory order will contain:(a) the names of the parties to the proceeding;(b) the particular facts that are the basis of the proceeding; and(c) the reasons for its conclusion.(6) Mailing of Order. The Presiding Officer will promptly deliver a copy of orders issued in response to a request for a declaratory proceeding to the Petitioner and other parties.(7) Binding Effect. A declaratory order has the same status and binding effect as any other order issued in an adjudicative proceeding.(8) Time Limit. Unless the Petitioner and the Presiding Officer agree in writing to an extension, if the Presiding Officer has not issued a declaratory order within 60 days after receiving the request for a declaratory order, the Petitioner may consider the Petition denied.Utah Admin. Code R907-1-16
Adopted by Utah State Bulletin Number 2022-17, effective 8/22/2022