4 Colo. Code Regs. § 725-2, ch. 14
Current through Register Vol. 47, No. 22, November 25, 2024
Chapter 14 - DECLARATORY ORDERS14.1. Petition for a Declaratory Order Pursuant to section 24-5-105(11), C.R.S., a Petitioner may petition the Board for a declaratory order to terminate controversies or to remove uncertainties as to the applicability of any statutory provision, rule, or order of the Board as it would apply to the Petitioner.
14.2. Parties to the Proceeding The parties to any proceeding as set forth in Chapter 14 of these Rules will be the Board and the Petitioner. Any other person may seek leave of the Board to intervene in such a proceeding. Permission to intervene will be granted at the sole discretion of the Board. A petition to intervene must set forth the same matters as set forth in Rule 14.3.
14.3. Petition Contents Any petition filed as set forth in Chapter 14 of these Rules must state the following:
A. The name and address of the Petitioner;B. The statute, rule, or order to which the petition relates;C. A concise statement of all the facts and law 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; andD. The Petitioner may submit a concise statement of the declaratory order.14.4. Board's Considerations Whether or Not to Rule: The Board may determine, in its sole discretion and without prior notice to the Petitioner, whether or not to rule upon a petition. In determining whether or not to rule upon a petition filed as set forth in Chapter 14 of these Rules, the Board may consider the following matters, among others:
A. Whether a ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to the Petitioner of any statutory provision, rule, or order of the Board.B. 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.C. 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 not involving the Petitioner.D. Whether the petition seeks a ruling on a hypothetical question.E. Whether the Petitioner has some other adequate legal remedy, other than an action for declaratory order which will terminate the controversy or remove any uncertainty as to the applicability to the Petitioner of the statute, rule, or order in question.14.5. Board Determines Not to Rule If the Board determines it will not rule on a petition, the Board will issue its written decision disposing of the petition, stating the reasons for declining to rule upon the petition. A copy of the decision will be provided to the Petitioner. A decision not to rule on a petition for a declaratory order is not final agency action subject to judicial review.
14.6. Board Determines to Rule If the Board determines that it will rule on the petition:
A. The Board may order the Petitioner to file an additional written brief, memorandum, statement of position, or request the Petitioner to submit additional facts or arguments in writing.B. 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 when ruling on the petition.C. The Board may set the petition, upon due notice to the Petitioner, for a non-evidentiary hearing.D. The Board may, upon due notice to the Petitioner, set the petition for hearing 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. Notice to the Petitioner setting such formal hearing will set forth, to the extent known, the factual or other matters into which the Board intends to inquire. The Petitioner will have 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.E. Any ruling by the Board may be based solely on the matters set forth in the petition or may be based on any amendments to the petition, any information gathered by the Board through a non-evidentiary hearing, formal hearing or otherwise, or any facts the Board may take administrative notice of. Upon ruling on a petition, the Board will issue its written order stating its basis for the order. A copy of the order will be provided to the Petitioner.14.7. Declaratory Orders Subject to Judicial Review Any declaratory order of a petition as set forth in Chapter 14 of these Rules will constitute agency action subject to judicial review pursuant to section 24-4-106, C.R.S.
37 CR 15, August 10, 2014, effective 8/30/201437 CR 23, December 10, 2014, effective 1/1/201538 CR 19, October 10, 2015, effective 10/30/201539 CR 11, June 10, 2016, effective 6/30/201639 CR 23, December 10, 2016, effective 1/1/201740 CR 15, August 10, 2017, effective 8/30/201740 CR 23, December 10, 2017, effective 1/1/201841 CR 07, April 10, 2018, effective 4/30/201841 CR 15, August 10, 2018, effective 8/30/201841 CR 23, December 10, 2018, effective 12/31/201842 CR 11, June 10, 2019, effective 6/30/201942 CR 23, December 10, 2019, effective 1/1/202043 CR 23, December 10, 2020, effective 1/1/202144 CR 07, April 10, 2021, effective 4/30/202144 CR 23, December 10, 2021, effective 1/1/202245 CR 07, April 10, 2022, effective 4/30/202245 CR 19, October 10, 2022, effective 10/30/202245 CR 23, December 10, 2022, effective 12/30/202246 CR 23, December 10, 2023, effective 1/1/2024