1. (1) Any person may file a request for Office action, requesting that the Office issue a declaratory order determine the applicability of a statute, rule, or order within the primary jurisdiction of the Office in accordance with Section 63G-4-503.

2. (2) Petition Form. The petition shall:

   1. (a) be clearly designated as a request for a declaratory order;
   2. (b) identify the statute, rule, or order to be reviewed;
   3. (c) describe the situation or circumstances giving rise to the need for the declaratory order or in which applicability of the statute, rule, or order is to be reviewed;
   4. (d) describe the reason or need for the applicability review;
   5. (e) identify the person or agency directly affected by the statute, rule, or order;
   6. (f) include an address and telephone where the petitioner can be reached during regular work days; and
   7. (g) be signed by the petitioner.
3. (3) Sections 63G-4-202 through 63G-4-302 apply to declaratory proceedings.

4. (4) The Office will not issue a declaratory order that deals with a question or request that the ALJ determines is:

   1. (a) not within the jurisdiction and competence of the Office;
   2. (b) trivial, irrelevant, or immaterial;
   3. (c) not one that is ripe or appropriate for determination;
   4. (d) currently pending or will be determined in an on-going judicial proceeding;
   5. (e) prohibited by state or federal law; or
   6. (f) challenge the validity of a federal statute or regulation.

KEY: adjudicative proceedings; appeals; hearings

Date of Last Change: June 9, 2025

Authorizing, and Implemented or Interpreted Law: 53D-1-701; 53D-1-702