1.
Petition
for Declaratory Order. Any person who has properly requested a
statement of position, and who is dissatisfied with the Division's response,
may petition the State Licensing Authority for a declaratory order pursuant to
section 24-4-105(11),
C.R.S. The petition shall be filed within 30 days of the Division's response,
or may be filed at any time before the Division's response if the Division has
not responded within 60 days of receiving a proper request for a statement of
position, and shall set forth the following:
a. The name and address of the
petitioner.
b. Whether the
petitioner is licensed pursuant to the Natural Medicine Code, and if so, the
type of license and address of the Licensed Premises.
c. Whether the petitioner is involved in any
pending administrative hearings before the State Licensing Authority or
relevant local jurisdiction.
d. The
statute, rule, or order to which the petition relates.
e. A concise statement of all of the facts
necessary to show the nature of the controversy or the uncertainty as to the
applicability to the petitioner of the statute, rule, or order to which the
petition relates.
f. A concise
statement of the legal authorities, if any, and such other reasons upon which
petitioner relates.
g. A concise
statement of the declaratory order the petitioner seeks.
2.
State Licensing Authority
Retains Discretion Whether to Entertain Petition. The State
Licensing Authority will determine, in its discretion, whether to entertain any
petition. If the State Licensing Authority decides it will not entertain a
petition, it shall notify the petitioner in writing of its decision and the
reasons for that decision. Any of the following grounds may be sufficient
reason to refuse to entertain a petition:
a.
The petitioner failed to properly request a statement of position from the
Division, or the petition for declaratory order was filed with the State
Licensing Authority more than 30 days after the Division's response to the
request for a statement of position.
b. A ruling on the petition will not
terminate the controversy nor remove uncertainties concerning the applicability
to petitioner of the statute, rule, or order in question.
c. The petition involves a subject, question,
or issue that is relevant to a pending hearing before the State Licensing
Authority or any Local Jurisdiction, an on-going investigation conducted by the
Division, or a written complaint previously filed with the State Licensing
Authority.
d. The petition seeks a
ruling on a moot or hypothetical question.
e. The petitioner has some other adequate
legal remedy, other than an action for declaratory relief pursuant to Colo. R.
Civ. P. 57, which will terminate the controversy or remove any uncertainty
concerning applicability of the statute, rule, or order.
3.
State Licensing Authority May
Adopt Division Position Statement. The State Licensing Authority
may adopt the Division's statement of position as a Final Agency Order subject
to judicial review pursuant to section
24-4-106, C.R.S.
4.
If the State Licensing
Authority Entertains a Petition for Declaratory Order. If the
State Licensing Authority determines that it will entertain the petition for
declaratory order, it shall so notify the petitioner within 30 days, and any of
the following procedures may apply:
a. The
State Licensing Authority may expedite the matter by ruling on the basis of the
facts and legal authority presented in the petition, or by requesting the
petitioner or the Division submit additional evidence and legal argument in
writing.
b. In the event the State
Licensing Authority determines that an evidentiary hearing is necessary to a
ruling on the petition, a hearing shall be conducted in accordance with Rules
9025 - Administrative Hearings and 9030 - Administrative Hearing Appeals. The
petitioner will be identified as Respondent.
c. The parties to any proceeding pursuant to
this Rule shall be the Respondent and the Division. Any other interested person
may seek leave of the State Licensing Authority to intervene in the proceeding
and such leave may be granted if the State Licensing Authority determines that
such intervention will avoid unnecessary duplication of proceedings of a
separate petition for declaratory order by the proposed intervenor.
d. The declaratory order shall constitute a
Final Agency Order subject to judicial review pursuant to section
24-4-106,
C.R.S.
5.
Public Inspection. Files of all requests, petitions,
statements of position, and declaratory orders will be maintained by the
Division. Except with respect to any material required by law to be kept
confidential, such files shall be available for public inspection.
6.
Posted on Division
Website. The Division shall post a copy of all statements of
position and all declaratory orders on the Division's
website.