Michigan Administrative Code
Department - Education
State Tenure Commission
Teacher Tenure General Rules
Part 1 - GENERAL PROVISIONS AND DECLARATORY RULINGS
Section R. 38.135 - Request for declaratory ruling

(1) An interested person may request that the commission issue a declaratory ruling on how a statute administered by the commission or a rule or order of the commission applies to an actual state of facts.

(2) An interested person shall file a request for a declaratory ruling in the office of the commission by personal delivery, by mail as defined in R 38.146(2), or by electronic submission as defined in R 38.131. A request may include a brief and must contain all of the following:

(3) A person who requests a declaratory ruling shall deliver a copy of the request personally or by certified mail (return receipt requested) to any person known by the requesting party to have an interest in the matter and shall file with the commission a proof of service with the request for a declaratory ruling. The commission may require the person requesting a declaratory ruling to serve the request on any other interested person identified by the commission and to file proof of that service.

(4) Not later than 60 days after receiving a request for a declaratory ruling and all proofs of service, the commission shall notify the person who made the request and any other interested person receiving the request under subrule (3) of this rule if the commission will grant or deny the request.

(5) If the commission denies the request, it shall issue a concise written statement of the legal or factual reasons for denial.

(6) If the commission grants the request, it shall notify all persons identified in subrule (3) of this rule that any interested person may, within the time established by the commission, submit a brief of the legal authority on which the person believes the commission should base the declaratory ruling.

(7) A declaratory ruling must include all of the following: