§ 63G-4-503. Declaratory orders.

(1) Any person may file a request for agency action, requesting that the agency issue a declaratory order determining the applicability of a statute, rule, or order within the primary jurisdiction of the agency to specified circumstances.

(2) Each agency shall issue rules that:

(a) provide for the form, contents, and filing of petitions for declaratory orders;

(b) provide for the disposition of the petitions;

(c) define the classes of circumstances in which the agency will not issue a declaratory order;

(d) are consistent with the public interest and with the general policy of this chapter; and

(e) facilitate and encourage agency issuance of reliable advice.

(3)

(a) An agency may not issue a declaratory order if:

(i) the request is one of a class of circumstances that the agency has by rule defined as being exempt from declaratory orders; or

(ii) the person requesting the declaratory order participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request.

(b) An agency may issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party, only if that person consents in writing to the determination of the matter by a declaratory proceeding.

(4) Persons may intervene in declaratory proceedings if:

(a) they meet the requirements of Section 63G-4-207; and

(b) they file timely petitions for intervention according to agency rules.

(5) An agency may provide, by rule or order, that other provisions of Sections 63G-4-202 through 63G-4-302 apply to declaratory proceedings.

(6)

(a) After receipt of a petition for a declaratory order, the agency may issue a written order:

(i) declaring the applicability of the statute, rule, or order in question to the specified circumstances;

(ii) setting the matter for adjudicative proceedings;

(iii) agreeing to issue a declaratory order within a specified time; or

(iv) declining to issue a declaratory order and stating the reasons for its action.

(b) A declaratory order shall contain:

(i) the names of all parties to the proceeding on which it is based;

(ii) the particular facts on which it is based; and

(iii) the reasons for its conclusion.

(c) A copy of all orders issued in response to a request for a declaratory proceeding shall be mailed promptly to the petitioner and any other parties.

(d) A declaratory order has the same status and binding effect as any other order issued in an adjudicative proceeding.

(7) Unless the petitioner and the agency agree in writing to an extension, if an agency has not issued a declaratory order within 60 days after receipt of the petition for a declaratory order, the petition is denied.

Renumbered and Amended by Chapter 382, 2008 General Session