3 Colo. Code Regs. § 705-1.13

Current through Register Vol. 47, No. 22, November 25, 2024

Section 3 CCR 705-1.13 - DECLARATORY ORDERS

This Rule is promulgated pursuant to sections 12-20-204, 12-100-105(1)(b), and 24-4-105(11), C.R.S.

A.SUBJECT MATTER OF DECLARATORY ORDERS

Any person, as defined in section 12-100-103(7), C.R.S., may petition the Board for a declaratory order to terminate controversies or to remove uncertainties as either may relate to the applicability to the petitioner of any statutory provisions or of any rule or order of the Board.

B.SCOPE OF BOARD RULINGS

The Board will determine, in its discretion and without notice to petitioner, whether to rule upon any such petition. If the Board determines that it will not rule upon such a petition, the Board shall promptly notify the petitioner of its action and state the reasons for such action.

C.BOARD RULING CONSIDERATIONS

In determining whether to rule upon a petition filed pursuant to this Rule, the Board will consider the following matters, among others:

1. Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability of any statutory provision, rule, or order of the Board to the petitioner.

2. Whether the petition involves any subject, question, or issue which is the subject of a formal or informal matter or investigation currently pending before the Board or a court involving one or more of the petitioners.

3. Whether the petition involves any subject, question, or issue that is the subject of a formal or informal matter or investigation currently pending before the Board or a court but not involving any petitioner.

4. Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion.

5. Whether the petitioner has some other adequate legal remedy, other than an action for declaratory relief pursuant to Rule 57, Colorado Rules of Civil Procedure, that will terminate the controversy or remove any uncertainty as to the applicability to the petitioner of the statute, rule, or order in question.

6. Whether the petition contains enough information regarding the facts for the Board to adequately consider the application of the statutory provision, rule, or order of the Board identified.

D.PETITION REQUIREMENTS

Any petition filed pursuant to this Rule must set forth the following:

1. The name and address of the petitioner, and whether the petitioner is registered or holds a certificate issued pursuant to section 12-100-101, C.R.S., et seq.

2. The statute, rule, or order to which the petition relates.

3. A concise statement of all of the facts necessary to show the nature of the controversy or uncertainty and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner.

E.BOARD RULING PROCEDURES

If the Board determines that it will rule on the petition, the following procedures shall apply:

1. The Board may rule upon the petition based solely upon the facts presented in the petition. In such a case:

a. Any ruling of the Board will apply only to the extent of the facts presented in the petition and any Board permitted amendment to the petition.

b. The Board may order the petitioner to file a written brief, memorandum, or statement of position.

c. The Board may set the petition, upon due notice to the petitioner, for a non-evidentiary hearing.

d. The Board may dispose of the petition on the sole basis of the matters set forth in the petition.

e. The Board may request the petitioner to submit additional facts, in writing. In such event, such additional facts will be considered as a Board permitted amendment to the petition.

f. The Board may take administrative notice of facts pursuant to the Administrative Procedure Act section 24-4-105(8), C.R.S., and may utilize its experience, technical competence, and specialized knowledge in the disposition of the petition.

g. If the Board rules upon the petition without a hearing, it shall promptly notify the petitioner of its decision.

2. The Board may, in its discretion, set the petition for hearing, upon due notice to petitioner, for the purpose of obtaining additional facts or information or to determine the truth of any facts set forth in the petition, or to hear oral arguments on the petition. The notice to the petitioner setting such hearing shall set forth, to the extent known, the factual or other matters into which the Board intends to inquire. For the purpose of such a hearing, to the extent necessary, the petitioner has the burden of proving all of the facts stated in the petition, all of the facts necessary to show the nature of the controversy or uncertainty, and the manner in which the statute, rule, or order in question applies or potentially applies to the petitioner, and any other facts the petitioner desires the Board to consider.

F.DEFINED PARTIES

The parties to any proceeding pursuant to this Rule 1.13 shall be the Board and the petitioner. Any other person may seek leave of the Board to intervene in such a proceeding, and leave to intervene will be granted at the sole discretion of the Board. A petition to intervene shall set forth the same matters as required by Rule 1.13 . Any reference to a "petitioner" in this Rule also refers to any person who has been granted leave to intervene by the Board.

G.AGENCY ACTION

Any declaratory order or other order disposing of a petition pursuant to this Rule 1.13 shall constitute agency action subject to judicial review pursuant to section 24-4-106, C.R.S.

3 CCR 705-1.13

44 CR 03, February 10, 2021, effective 3/2/2021

44 CR 20, October 25, 2021, effective 11/14/2021

45 CR 11, June 10, 2022, effective 6/30/2022

45 CR 17, September 10, 2022, effective 9/30/2022

45 CR 20, October 25, 2022, effective 11/14/2022