Current through Register Vol. 47, No. 5, March 10, 2024
The purpose of this Rule is to establish procedures for the
handling of requests for declaratory orders filed pursuant to section
24-4-105(11),
C.R.S.
A. Any person may petition the
Director for a declaratory order to terminate controversies or remove
uncertainties as to the applicability of any statutory provision or of any rule
or order of the Director.
B. The
Director will determine, in their discretion and without notice to petitioner,
whether to rule upon any such a petition. If the Director determines that they
will not rule upon such a petition, the Director shall promptly notify the
petitioner of their action and state the reasons for such decision.
C. In determining whether to rule upon a
petition filed pursuant to this rule, the Director 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 provisions or rule or order of the
Director.
2. 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 Director or a
court involving one or more 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 Director 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
Colorado Rules of Civil Procedure 57, 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 registered pursuant to
Title 12, Article 145.
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 Director determines that they will rule on the petition, the following
procedure shall apply:
1. The Director may
rule upon the petition based solely upon the facts presented in the petition.
In such a case:
a. Any ruling of the Director
will apply only to the extent of the facts presented in the petition and any
amendment to the petition.
b. The
Director may order the petitioner to file a written brief, memorandum or
statement of position.
c. The
Director may set the petition, upon due notice to petitioner, for a
non-evidentiary hearing.
d. The
Director may dispose of the petition on the sole basis of the matters set forth
in the petition.
e. The Director
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 Director may take
administrative notice of facts pursuant to the State Administrative Procedure
Act at section
24-4-105(8),
C.R.S and may utilize their experience, technical competence and specialized
knowledge in the disposition of the petition.
2. If the Director rules upon the petition
without a hearing, the Director shall promptly notify the petitioner of the
decision.
3. The Director may, in
their sole 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 hearing notice to the petitioner shall set forth,
to the extent known, the factual or other matters into which the Director
intends to inquire.
4. 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 Director to
consider.
F. The parties
to any proceeding pursuant to this Rule shall be the Director and the
petitioner. Any other person may seek leave of the Director to intervene in
such a proceeding, and leave to intervene will be granted at the sole
discretion of the Director. A petition to intervene shall set forth the same
matters as required by Rule 1.9 . Any reference to a "petitioner" in this Rule
also refers to any person who has been granted leave to intervene by the
Director.
G. Any declaratory order
or other order disposing of a petition pursuant to this Rule shall constitute
final agency action subject to judicial review pursuant to section
24-4-106, C.R.S.
