Current through Register Vol. 47, No. 6, September 18, 2024
(1)
For
good cause. The board shall refuse to issue a declaratory order for
good cause. Good cause includes, but is not limited to, the following reasons:
a. The petition does not substantially comply
with the required form.
b. The
petition does not contain facts sufficient to demonstrate that the petitioner
will be aggrieved or adversely affected by the failure of the board to issue an
order
c. The board does not have
jurisdiction over the questions presented in the petition.
d. The questions presented by the petition
are also presented in a current rule making, contested case proceeding, or
other agency or judicial proceeding that may resolve them.
e. The questions presented by the petition
would more properly be resolved in a different type of proceeding or by another
body with jurisdiction over the matter.
f. The facts or questions presented in the
petition are unclear, overbroad, insufficient, or otherwise inappropriate as a
basis upon which to issue an order
g. There is no need to issue an order because
the questions raised in the petition have been settled due to a change in
circumstances.
h. The petition is
not based upon facts calculated to aid in the planning of future conduct but
is, instead, based solely upon prior conduct in an effort to establish the
effect of that conduct or to challenge a board decision already made.
i. The petition requests a declaratory order
that would necessarily determine the legal rights, duties, or responsibilities
of other persons who have not joined in the petition or filed a similar
petition and whose position on the questions presented may fairly be presumed
to be adverse to that of petitioner
j. The petitioner requests the board to
determine whether a statute is unconstitutional on its face.
(2)
Rationale. A
refusal to issue a declaratory order shall indicate the specific groimds for
the refusal and constitutes final agency action on the petition. Once the board
declines to issue a declaratory order, or if the petition is deemed denied
because an order was not entered within 60 days, a party to the proceeding may
either seek judicial review or await further board action with respect to its
petition.
(3)
Amended
filing. Refusal to issue a declaratory order does not preclude the
filing of a new petition that seeks to eliminate the grounds for the board's
refusal to issue an order
