Current through Register Vol. XLI, No. 50, December 13, 2024
Section 107-1-2 - Declaratory Rulings2.1. The permissive parties. -- Any person with a bona fide interest in any state of facts or any rule or statute enforceable by this Board may by proper petition request a declaratory ruling from this Board upon such matter.2.2. Form of petition. -- The petition shall be typewritten, shall concisely state the matters upon which a declaratory ruling is sought, shall state why petitioner seeks such ruling, and shall be verified by the petitioner, his/her authorized agent or attorney. Eight (8) copies of petition shall be filed with the Banking Commissioner.2.3. Briefs. -- Petitioner for a declaratory ruling may file a brief and if such is done it may be printed or typewritten, and eight (8) copies shall be lodged with the Commissioner simultaneously with the filing of the petition.2.4. Hearings on declaratory petitions. -- If petitioner for a declaratory ruling seeks a hearing before the Board, he shall so state in his petition, in which event the Board shall hear petitioner at a time and place to be determined by the Board within ninety (90) days from the date of request, giving petitioner ten (10) days notice of the hearing date and place. Unless specifically provided for under other sections of this rule, declaratory ruling hearings by the Board shall be governed exclusively by section two (2) of this rule and the subsections and subdivisions thereof.2.5. Presentation of position. -- A petition for a declaratory ruling cannot present any facts in controversy for determination, but may present a set of facts presumed to be true for the purposes of rendering a declaratory ruling based on those presumed facts. Witnesses may therefore not be called at a declaratory ruling hearing. However, the petitioner or a representative of the petitioner has the right to appear and make a brief oral statement, answer any questions the Board may have, and offer additional material for the Board's consideration. Members of the public or other interested parties may also be recognized and provided the opportunity to make a brief oral statement and the opportunity to offer additional material for the Board's consideration. There is no right on the part of any petitioner to cross examine persons appearing before the Board at a declaratory ruling hearing. The petitioner should, however, be afforded the opportunity to briefly speak in rebuttal to any opposing party or person in closing.2.6. Declaratory ruling decisions. -- The Board shall render a written ruling upon the matter requested by petitioner within thirty (30) days after a hearing, if such is held, or within sixty (60) days after the filing of a petition, if no hearing is requested.2.7. Applicability of decision. -- Any declaratory ruling by the Board that is stated to be binding, shall be binding upon the Board and upon the party requesting the ruling upon the state of facts set forth in the petition, but shall not be binding upon any other person.2.8. Appeal. -- A declaratory ruling of the Board shall be subject to review as provided by law.