Code of Colorado Regulations
700 - Department of Regulatory Agencies
730 - Division of Professions and Occupations - Board of Architects, Engineers, and Land Surveyors
4 CCR 730-1 - ARCHITECTS, PROFESSIONAL ENGINEERS, AND PROFESSIONAL LAND SURVEYORS RULES AND REGULATIONS
Section 4 CCR 730-1.8 - Rules of Board Procedure
Universal Citation: 4 CO Code Regs 730-1 ยง 8
Current through Register Vol. 47, No. 17, September 10, 2024
A. Declaratory Orders.
1.
Basis of Declaratory Orders. 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.
2.
Board Discretion in Considering Petitions. 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.
3.
Basis of Board Consideration of
Petitions. In determining whether to rule upon a petition filed pursuant
to this Rule, the Board will consider the following matters, among others:
a. Whether a ruling on the petition will
terminate a controversy or remove uncertainties as to the applicability to the
petitioner of any statutory provision or rule or order of the Board.
b. Whether the petition involves any subject,
question, or issue that is the subject of a formal or informal matter of
investigation currently pending before the Board or a court involving one or
more of the petitioners.
c. 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.
d. Whether the petition seeks a ruling on a
moot or hypothetical question or will result in an advisory ruling or
opinion.
e. 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.
4.
Requirements of Petitioner.
Any petition filed pursuant to this Rule shall set forth all of the following:
a. The name and address of the petitioner and
whether the petitioner is licensed pursuant to section
12-120-201
et
seq., section
12-120-301
et
seq., or section
12-120-401
et
seq., C.R.S.
b. The
statute, rule, or order to which the petition relates.
c. 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.
5.
Applicable Procedures. If the Board determines that it will rule
on the petition, the following procedures shall apply:
a. The Board may rule upon the petition based
solely upon the facts presented in the petition. In such a case, the following
applies:
(1) Any ruling of the Board will
apply only to the extent of the facts presented in the petition and any
amendment to the petition.
(2) The
Board may order the petitioner to file a written brief, memorandum, or
statement of position.
(3) The
Board may set the petition, upon due notice to the petitioner, for a
non-evidentiary hearing.
(4) The
Board may dispose of the petition on the sole basis of the matters set forth in
the petition.
(5) 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.
(6) The Board may take
administrative notice of facts pursuant to the Administrative Procedures 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.
(7) If the Board rules upon the petition
without a hearing, it shall promptly notify the petitioner of its
decision.
b. 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 necessary, that 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.
6.
Parties to the Proceeding. 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 Board 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.
7.
Standing of Declaratory Orders. Any Declaratory Order or other
order disposing of a petition pursuant to this Rule shall constitute an agency
action subject to judicial review pursuant to section
24-4-106,
C.R.S.
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