Current through Register Vol. 47, No. 17, September 10, 2024
This Rule is promulgated pursuant to sections
12-20-204,
12-100-105(1)(b),
and 24-4-105(11),
C.R.S.
A.
SUBJECT MATTER OF
DECLARATORY ORDERS
Any person, as defined in section
12-100-103(7),
C.R.S., may petition the Board for a declaratory order to terminate
controversies or to remove uncertainties as either may relate to the
applicability to the petitioner of any statutory provisions or of any rule or
order of the Board.
B.
SCOPE OF BOARD RULINGS
The Board will determine, in its discretion and without
notice to petitioner, whether to rule upon any such petition. If the Board
determines that it will not rule upon such a petition, the Board shall promptly
notify the petitioner of its action and state the reasons for such
action.
C.
BOARD
RULING CONSIDERATIONS
In determining whether to rule upon a petition filed pursuant
to this Rule, the Board will consider the following matters, among
others:
1. Whether a ruling on the
petition will terminate a controversy or remove uncertainties as to the
applicability of any statutory provision, rule, or order of the Board to the
petitioner.
2. Whether the petition
involves any subject, question, or issue which is the subject of a formal or
informal matter or investigation currently pending before the Board or a court
involving one or more of the petitioners.
3. Whether the petition involves any subject,
question, or issue that is the subject of a formal or informal matter or
investigation currently pending before the Board or a court but not involving
any petitioner.
4. Whether the
petition seeks a ruling on a moot or hypothetical question or will result in an
advisory ruling or opinion.
5.
Whether the petitioner has some other adequate legal remedy, other than an
action for declaratory relief pursuant to Rule 57, Colorado Rules of Civil
Procedure, that will terminate the controversy or remove any uncertainty as to
the applicability to the petitioner of the statute, rule, or order in
question.
6. Whether the petition
contains enough information regarding the facts for the Board to adequately
consider the application of the statutory provision, rule, or order of the
Board identified.
D.
PETITION REQUIREMENTS
Any petition filed pursuant to this Rule must set forth the
following:
1. The name and address of
the petitioner, and whether the petitioner is registered or holds a certificate
issued pursuant to section
12-100-101, C.R.S., et
seq.
2. The statute, rule,
or order to which the petition relates.
3. A concise statement of all of the facts
necessary to show the nature of the controversy or uncertainty and the manner
in which the statute, rule, or order in question applies or potentially applies
to the petitioner.
E.
BOARD RULING PROCEDURES
If the Board determines that it will rule on the petition,
the following procedures shall apply:
1. The Board may rule upon the petition based
solely upon the facts presented in the petition. In such a case:
a. Any ruling of the Board will apply only to
the extent of the facts presented in the petition and any Board permitted
amendment to the petition.
b. The
Board may order the petitioner to file a written brief, memorandum, or
statement of position.
c. The Board
may set the petition, upon due notice to the petitioner, for a non-evidentiary
hearing.
d. The Board may dispose
of the petition on the sole basis of the matters set forth in the
petition.
e. The Board may request
the petitioner to submit additional facts, in writing. In such event, such
additional facts will be considered as a Board permitted amendment to the
petition.
f. The Board may take
administrative notice of facts pursuant to the Administrative Procedure Act
section 24-4-105(8),
C.R.S., and may utilize its experience, technical competence, and specialized
knowledge in the disposition of the petition.
g. If the Board rules upon the petition
without a hearing, it shall promptly notify the petitioner of its
decision.
2. The Board
may, in its discretion, set the petition for hearing, upon due notice to
petitioner, for the purpose of obtaining additional facts or information or to
determine the truth of any facts set forth in the petition, or to hear oral
arguments on the petition. The notice to the petitioner setting such hearing
shall set forth, to the extent known, the factual or other matters into which
the Board intends to inquire. For the purpose of such a hearing, to the extent
necessary, the petitioner has the burden of proving all of the facts stated in
the petition, all of the facts necessary to show the nature of the controversy
or uncertainty, and the manner in which the statute, rule, or order in question
applies or potentially applies to the petitioner, and any other facts the
petitioner desires the Board to consider.
F.
DEFINED PARTIES
The parties to any proceeding pursuant to this Rule 1.13
shall be the Board and the petitioner. Any other person may seek leave of the
Board to intervene in such a proceeding, and leave to intervene will be granted
at the sole discretion of the Board. A petition to intervene shall set forth
the same matters as required by Rule 1.13 . Any reference to a "petitioner" in
this Rule also refers to any person who has been granted leave to intervene by
the Board.
G.
AGENCY
ACTION
Any declaratory order or other order disposing of a petition
pursuant to this Rule 1.13 shall constitute agency action subject to judicial
review pursuant to section
24-4-106, C.R.S.
