Current through Bulletin 2024-23, December 1, 2024
Section R428-5-7 - Declaratory Orders(1) Any person or agency may petition for a committee declaratory ruling of rights, status, or other legal relations under a specific statute or rule by submitting a written petition. The petition shall contain the following information: (a) the specific statute or rule to be reviewed;(b) the situation or circumstances in which applicability is to be reviewed;(c) the reason or need for the applicability review;(d) the name, address, and telephone number where the petitioner can be contacted;(e) the date of submission and signature of the petitioner.(2) The committee or its authorized representative shall review and consider the petition and may issue a declaratory ruling setting forth: (a) the applicability or non-applicability of the specific statute or rule;(b) the reasons for the applicability or non-applicability of the specific statute or rule;(c) any requirements imposed on the agency, petitioner, or any other person as a result of the ruling.(3) The committee may as appropriate: (a) interview the petitioner;(b) consult with counsel or the Attorney General;(c) take any action the committee in its judgment deems necessary to provide that the petition receives adequate review and due consideration.(4) If the committee has not issued a declaratory order within 60 days after receipt of the petition, the petition is denied.(5) The committee will not issue a declaratory order concerning any action which could result in the Department imposing sanctions.Utah Admin. Code R428-5-7