(1) The administrator, on written request of an interested person, may issue a declaratory ruling as to the applicability to an actual statement of facts of the act or these rules upon submission of the following:
- (a) A clear and concise statement of the actual statement of facts.
- (b) If the interested person desires, a brief or other reference to legal authorities upon which he or she relies for determination of the applicability of the act or these rules to the statement of facts.
(2) A declaratory ruling shall include all of the following:
- (a) The actual statement of facts.
- (b) The legal authority on which the department relies for its ruling, if any.
- (c) The ruling it makes.
- (3) A ruling once issued is binding on the administrator and it may not retroactively be changed, but nothing in this rule shall prohibit the administrator from prospectively changing a ruling.
History: 1979 AC; 1998-2000 AACS.