144.1 Upon written petition of any interested person, the Commission, within its discretion, may issue a declaratory order regarding the applicability of any rule, regulation, or statute enforceable by it, to terminate a controversy (other than a contested case) or to remove uncertainty.

144.2 A declaratory order, as provided in this section, shall be binding between the Commission and the petitioner as to a particular set of facts and circumstances unless such order is altered or set aside by a court.

144.3 A declaratory order is subject to review in the manner provided in D.C. Code, title 43, Chapter 9 for the review of orders and decisions, except that the refusal of the Commission to issue a declaratory order shall not be subject to review.

144.4 Each petition shall contain the following information:

(a) The name and address of petitioner;

(b) A clear and concise statement of facts and issues upon which the petition is based, and the position and interest of the petitioner;

(c) A reference to the specific section or sections of the statute, rule, or regulation, for which a declaratory order is sought;

(d) Signature of petitioner; and

(e) The signatory's address and telephone number.

144.5 The Commission may decline to issue a declaratory order in its discretion and will not consider requests based upon hypothetical facts, past transactions, or nameless parties.

SOURCE: Final Rulemaking published at 34 DCR 2034 (March 27, 1987).