(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 agency 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:

   1. (A) Determining the conduct of another person; or
   2. (B) Obtaining a policy statement of general applicability from the Arkansas State Board of Physical Therapy.
4. (4) A petition or 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 board a petition that provides the following information:

1. (1) The caption shall read: “Petition for Declaratory Order Before the Arkansas State Board of Physical Therapy”;
2. (2) The name, address, telephone number, and email address of the petitioner;
3. (3) The name, address, telephone number, and email address of the attorney of the petitioner, if the petitioner has an attorney;
4. (4) The statutory provision or provisions, board rule or rules, or board order or 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 hearing, if desired.

(c) Board disposition.

1. (1)

   1. (A) The board 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 the Arkansas Administrative Procedure Act, Arkansas Code § 25-15-201 et seq.

2. (2)

   1. (A) The board 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 board will render a final order denying the petition or issuing a declaratory order.