Current through Register Vol. 47, No. 17, September 10, 2024
General Authority C.R.S.
24-4-105(11)
A. STATEMENT OF BASIS AND PURPOSE
These Rules are adopted pursuant to section
24-4-105(11),
C.R.S., in order to provide for a procedure for entertaining requests for
declaratory orders to terminate controversies or to remove uncertainties with
regard to the applicability of statutory provisions or rules or orders of the
Nursing Board to persons defined in the rules.
B. Any person 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 provision or of any rule
or order to the Board.
C. 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 decision. Any of the following grounds, among
others, may be sufficient reason to refuse to entertain a petition:
1. Failure to comply with Section (C) of Rule
1.8.
2. A ruling on the petition
will not terminate the controversy nor remove uncertainties as to the
applicability to petitioner of any statutory provision or rule or order of the
Board.
3. The petition involves any
subject, question or issue which is the subject of, or is involved in, a matter
(including a hearing, investigation or complaint) currently pending before the
Board, particularly, but not limited to, any such matter directly involving the
petitioner.
4. The petition seeks a
ruling on a moot or hypothetical question, or will result in an advisory ruling
or opinion, having no direct applicability to petitioner.
5. Petitioner has some other adequate legal
remedy, other than an action for declaratory relief pursuant to C.R.C.P. 57,
which will terminate the controversy or remove any uncertainty concerning
applicability 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; whether the petitioner is licensed by the Board as
an R.N. or L.P.N. or L.P.T., or CM, or employs such licensees.
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. Petitioner may also include a
concise statement of the legal authorities upon which petitioner
relies.
4. A concise statement of
the specific declaratory order sought by 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
without holding an evidentiary hearing. In such a case:
a. Any ruling of the Board will apply only to
the extent of the facts presented in the petition and in any clarifying
information submitted in writing to the Board.
b. The Board may order the petitioner to file
a written clarification of factual matters, a written brief, memorandum or
statement of position.
c. The Board
may set the petition, upon due notice to 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 take
administrative notice of commonly known facts within its expertise or contained
in its records and consider such facts in its disposition of the
petition.
f. 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 an evidentiary hearing,
conducted in conformance with section
24-4-105, C.R.S., upon due notice
to petitioner, for the purpose of obtaining additional facts of information or
to determine the truth of any facts set forth in 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, 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 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 will be granted at the sole discretion of the
Board. A petition to intervene shall set forth the same matters as required by
Section (C) of Rule 1.8. Any reference to a "petitioner" in this Rule also
refers to any person who has been granted leave to intervene by the
Board.
