Current through Register Vol. 47, No. 5, March 10, 2024
This Rule is promulgated pursuant to sections
12-20-204 and
12-215-105(1)(a),
C.R.S.
A. Any person licensed pursuant
to Article
215, Title
12, C.R.S., may petition the Board for a
declaratory order to terminate controversies or to remove uncertainties as to
the applicability to the petitioner of any statutory provisions or of any rule
or order of the Board.
B. 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. 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 to petitioner of any statutory provision or rule or order of the
Board.
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 which 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, C.R.C.P., which will
terminate the controversy or remove any uncertainty as to the applicability to
the petitioner of the statute, rule or order in question.
D. Any petition filed pursuant to this rule
shall set forth the following:
1. The name
and address of the petitioner and whether the petitioner is licensed pursuant
to Article
215, Title
12, C.R.S.
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. 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 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 an amendment to the petition.
f. The Board may take administrative notice
of facts pursuant to the Administrative Procedure Act, C.R.S.,
24-4-105(8), 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 argument 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
shall have 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. The parties to any proceeding pursuant to
this Rule 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 Paragraph (D) of this Rule. Any
reference to a 'petitioner' in this Rule also refers to any person who has been
granted leave to intervene by the Board.
G. Any declaratory order or other order
disposing of a petition pursuant to this Rule shall constitute agency action
subject to judicial review pursuant to section
24-4-106, C.R.S.
