Current through Register Vol. 47, No. 5, March 10, 2024
A.
Board
Petition. 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 of the
Board.
B.
Board
Ruling. The Board will determine, at its discretion and without notice
to the 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.
Determination to
Rule. 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 of 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, Colo. R. Civ. 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.
Petition Requirements. Any
petition filed pursuant to this Rule shall set forth the following:
1. The name, e-mail address, and physical
address of the petitioner and whether the petitioner is licensed pursuant to
the organic act;
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.
Procedure. 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 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, section
24-4-105(8),
C.R.S., and may utilize its experience, technical competence and specialized
knowledge in the disposition. If the Board rules upon the petition without a
hearing, it shall promptly notify the petitioner of its decision.
2. The Board may, at 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.
Parties. 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 section
(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.
Order. 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.
