Current through Register Vol. 47, No. 17, September 10, 2024
This Rule is promulgated pursuant to sections
12-20-204,
12-315-106(5)(g),
and 24-4-105(11),
C.R.S.
A. 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. 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 but not involving
any petitioner.
3. Whether the
petition seeks a ruling on a moot or hypothetical questions or will result in
an advisory ruling or opinion.
4.
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. 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 the provisions of section
12-315-101, et
seq., 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 apply:
1. The Board may rule upon
the petition based solely upon the facts presented in the petition. In such a
case:
2. Any ruling of the Board
will apply only to the extent of the facts presented in the petition and any
amendment to the petition.
3. The
Board may order the petitioner to file a written brief, memorandum or statement
of position.
4. The Board may set
the petition, upon due notice to petitioner, for a non-evidentiary
hearing.
5. The Board may dispose
of the petition on the sole basis of the matters set forth in the
petition.
6. The Board may request
the petitioner to submit additional facts, in writing. In such event, such
additional fact will be considered as an amendment to the petition.
7. 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.
8. If the Board rules upon the petition
without a hearing, it shall promptly notify the petitioner of its
decision.
9. 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.
10. 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 may 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. 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.
Amended and
Re-numbered November 3, 2011, Effective December 30,
2011
