Utah Administrative Code
Topic - Career Service Review Office
Title R137 - Administration
Rule R137-1 - Grievance Procedure Rules
Section R137-1-22 - Declaratory Orders
Current through Bulletin 2024-06, March 15, 2024
This rule provides a procedure for the submission and review of requests for and disposition of declaratory rulings pertaining to the applicability of statutes, administrative rules, and orders either governing or issued by the administrator, the previous Career Service Review Board or a CSRO hearing officer. Section 63G-4-503 of the UAPA is incorporated by reference.
(1) Applicability. The applicability of a declaratory order refers to the determination of whether a statute, rule, or order should be applied, and if so, how the law should be applied to the facts.
(2) Petition Procedure. Any person or agency with proper standing may petition for a declaratory ruling.
(3) Petition Form. The petition shall:
(4) Petition Review and Disposition. As appropriate the administrator:
(5) Time Period and Issuance. The administrator shall prepare the declaratory ruling without unnecessary delay. The CSRO shall issue a copy of the ruling to the petitioner by depositing it with the U.S. Postal Service, postage prepaid, or by depositing it with State Mail and Distribution Services, by faxing it or E-mailing it, as appropriate. In the event of a necessary delay, the CSRO must issue a notice of progress to the petitioner within 30 days of receipt of the petition.
(6) Records. The CSRO shall retain the petition and the original of the declaratory ruling in its records.
(7) Statutory Construction. Questions requiring the construction of statutory provisions may be submitted to the Attorney General for a formal or informal letter opinion.
(8) Refusal. The administrator may refuse to issue a declaratory order if the question in issue is one that is being contested in a case currently before the CSRO.