Current through Register Vol. XLI, No. 50, December 13, 2024
Section 20-1-13 - Declaratory Ruling - Procedures13.1. On petition of any interested person, the Board may issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any rule, regulation or statute enforceable by the Department of Health.13.2. Any interested person may petition the Board in writing, stating the issues upon which the declaratory ruling is requested.13.3. Upon receipt of such petition, the Board may cause a hearing to be held for the presentation of arguments and evidence within thirty (30) days of receipt of such petition. The Board shall notify the parties thereto and set a time, a place and a date for such hearing.13.4. A declaratory ruling issued after argument and stated to be binding shall be binding between the Board and the petitioner on the state of facts alleged, unless altered or set aside by a court in accordance with section two, article four, chapter twenty-nine-a of the West Virginia Code of 1931, as amended. Furthermore, such declaratory ruling shall not be binding on any other person.13.5. A declaratory ruling issued upon petition, proper notice and argument shall not preclude the petitioner from seeking a contested case hearing in accordance with the provisions of the Rules of Procedure for Contested Case Hearings and Declaratory Rulings. Such declaratory ruling shall serve only to explain the applicability to any person, property or state of facts or any rule or statute enforceable by the Board.