1. (1)(a) A petition for the issuance of a declaratory order under Section 63G-4-503 shall be filed with the agency head who has primary jurisdiction to enforce or implement the statute, rule, or order for which a declaratory order is sought.

   1. (b) The petition shall:

      1. (i) set forth:

         1. (A) the question to be answered;
         2. (B) the facts and circumstances related to the question;
         3. (C) the statute, rule, or order to be applied to the question; and
         4. (D) whether oral argument is sought in conjunction with the petition; and
      2. (ii) comply with Part 2, Pleadings.

2. (2)(a) If the agency head issues a declaratory order without setting the matter for an adjudicative proceeding, the order shall be based on:

   1. (i) a review of the petition;

      1. (ii) oral argument, if any;
      2. (iii) laws and rules applicable to the petition;
      3. (iv) applicable records maintained by the department; and
      4. (v) other relevant information reasonably available to the department.
   2. (b) If the agency head sets the matter for an adjudicative proceeding, the department shall issue a notice of adjudicative proceeding under Subsection 63G-4-201(2)(a).

3. (3) The department may not issue a declaratory order in any of the following classes of circumstances:

   1. (a) questions involving circumstances set forth in Subsection 63G-4-503(3)(a)(ii) or 63G-4-503(3)(b);
   2. (b) questions that are not within the jurisdiction of the department;
   3. (c) questions that have been addressed by the department in an order, rule, or policy;
   4. (d) questions that can be addressed by informal advice;
   5. (e) questions that are addressed by statute;
   6. (f) questions that would be more properly addressed by statute or rule;
   7. (g) questions that arise out of pending or anticipated litigation in a civil, criminal, or administrative forum; or
   8. (h) questions that are irrelevant, insignificant, meaningless, or spurious.
4. (4) The recipient of a declaratory order may request agency review.

KEY: administrative procedures, adjudicative proceedings, government hearings

Date of Last Change: January 10, 2024

Notice of Continuation: June 10, 2025

Authorizing, and Implemented or Interpreted Law: 13-1-6; 63G-4-102(6)