Current through Register Vol. 47, No. 5, March 10, 2024
A. Any person may
petition the Executive Director for a declaratory order pursuant to §
24-4-105(11),
C.R.S.
B. Contents of the Petition
1. The name of address of the
petitioner.
2. Whether the
petitioner is a Permittee and what interest, if any, they have or would have in
the applicable Advertising Device or proposed Advertising Device.
3. Whether the petitioner is involved in any
pending administrative hearings or lawsuits with the Department or the relevant
local jurisdiction.
4. The statute,
rule, or order to which the petition relates.
5. 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.
6. A concise
statement of the legal authorities, if any, and such other reasons upon which
the petitioner relies.
C.
The Executive Director Retains Discretion Whether to Entertain Petition.
The Executive Director or designee will determine, in their
sole discretion without prior notice to the petitioner, whether to entertain
any petition. If the Executive Director or designee decides not to entertain a
petition, the Department will 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:
1. 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.
2. The petition involves a subject, question,
or issue that is relevant to a pending hearing before the state or any local
licensing authority, an on-going proceeding conducted by the Department, or
relates to an issue or case which is currently the subject of
litigation.
3. The petition seeks a
ruling on a moot or hypothetical question.
4. Petitioner has some other adequate legal
remedy, other than an action for declaratory relief pursuant to Colo. R. Civ.
Pro. 57, which will terminate the controversy or remove any uncertainty
concerning applicability of the statute, rule, or order.
D. Executive Director Entertains the
Petition.
If the Executive Director or designee determines to entertain
the petition for a declaratory order, the Department will notify the
petitioner, and any of the following procedures may apply:
1. The Executive Director or designee may
expedite the matter by ruling on the basis of the facts and legal authority
presented in the petition, or by requesting the parties to submit additional
evidence and legal argument in writing.
2. In the event the Executive Director or
designee determines that an evidentiary hearing is necessary to a ruling on the
petition, a hearing will be conducted in accordance with the State
Administrative Procedure Act, §
24-4-101, C.R.S. et seq. The
petitioner will be identified as Respondent.
3. The parties to any proceeding pursuant to
this Rule will be the petitioner/Respondent and the Department. Any other
interested person(s) may seek leave of the Department to intervene in the
proceeding and such leave may be granted if the Department determines that such
intervention will make a separate petition by the interested person(s) for a
separate declaratory order unnecessary.
4. The declaratory order will constitute a
Final Agency Order subject to judicial review pursuant to §
24-4-106,
C.R.S.
