1. 1. Upon receipt of a petition, the director or his designee shall review the petition for compliance with R652-7-400. The petition shall be denied if:

   1. (a) the specified facts, issue, situation, or circumstance is based on disputed facts;
   2. (b) the petition raises policy questions which have not been addressed by the agency; and
   3. (c) the petition requests a ruling on any order other than an executed contract.
2. 2. Incomplete, or unclear, petitions shall be returned to the petitioner with an explanation of the additional information required.

3. 3. When a petition is complete, the director shall, in compliance with 63G-4-503(6), issue a written order:

   1. (a) stating the applicability or nonapplicability of the statute, rule, or order at issue; the reasons for the applicability or nonapplicability of the statute, rule, or order; and any requirements imposed on the agency, the petitioner, or any other person having intervened in or consented to the applicability determination process.
   2. (b) setting an informal hearing for the petitioner and any intervenor to examine questions not related to factual disputes;
   3. (c) documenting an agreement to issue a declaratory order by a specified time; or
   4. (d) denying the petition for a declaratory order.
4. 4. Unless otherwise agreed to by the director or his designee and the petitioner, any petition for which an order is not issued pursuant to (2) above is deemed denied.

KEY: administrative procedures, public petitions

Date of Last Change: 1988

Notice of Continuation: May 24, 2023

Authorizing, and Implemented or Interpreted Law: 63G-4-503