(a) Purpose and use of declaratory orders.

1. (1) A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the Division of Labor has authority.
2. (2) A petition for declaratory order may be used only to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner’s particular circumstances.
3. (3) A declaratory order is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from an agency.
4. (4) A petition for declaratory order must describe the potential impact of statutes, rules, or orders upon the petitioner’s interests.

(b) The petition. The process to obtain a declaratory order is begun by filing with the Director of the Division of Labor a petition that provides the following information:

1. (1) The caption shall read: “Petition for Declaratory Order Before Arkansas Division of Labor, Labor Standards Section”;
2. (2) The name, address, telephone number, and facsimile number of the petitioner;
3. (3) The name, address, telephone number, and facsimile number of the attorney of the petitioner;
4. (4) The statutory provisions, division rules, or division orders on which the declaratory order is sought;

5. (5) A description of:

   1. (A) How the statutes, rules, or orders may substantially affect the petitioner and the petitioner’s particular set of circumstances; and
   2. (B) The question or issue on which the petitioner seeks a declaratory order;
6. (6) The signature of the petitioner or petitioner’s attorney;
7. (7) The date; and
8. (8) Request for a hearing, if desired.

(c) Division disposition.

1. (1)

   1. (A) The division may hold a hearing to consider a petition for declaratory statement.
   2. (B) If a hearing is held, it shall be conducted in accordance with:

(i) Arkansas Code §§ 25-15-208 and 25-15-213; and

1. (ii) The division’s rules for adjudicatory hearings.

2. (2)

   1. (A) The division may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts.

   2. (B) Within ninety (90) days of the filing of the petition, the division will render a final order:

      1. (i) Denying the petition; or
      2. (ii) Issuing a declaratory order.