Utah Administrative Code
Topic - Commerce
Title R151 - Administration
Rule R151-4 - Department of Commerce Administrative Procedures Act Rule
Section R151-4-112 - Declaratory Orders
Universal Citation: UT Admin Code R 151-4-112
Current through Bulletin 2024-06, March 15, 2024
(1)
(a) A petition for the issuance of a
declaratory order under Section
63G-4-503 shall be filed with the
agency head who has primary jurisdiction to enforce or implement the statute,
rule, or order for which a declaratory order is sought.
(b) The petition shall:
(i) set forth:
(A) the question to be answered;
(B) the facts and circumstances related to
the question;
(C) the statute,
rule, or order to be applied to the question; and
(D) whether oral argument is sought in
conjunction with the petition; and
(ii) comply with Part 2, Pleadings.
(2)
(a) If the agency head issues a declaratory
order without setting the matter for an adjudicative proceeding, the order
shall be based on:
(i) a review of the
petition;
(ii) oral argument, if
any;
(iii) laws and rules
applicable to the petition;
(iv)
applicable records maintained by the department; and
(v) other relevant information reasonably
available to the department.
(b) If the agency head sets the matter for an
adjudicative proceeding, the department shall issue a notice of adjudicative
proceeding under Subsection
63G-4-201(2)(a).
(3) The department may not issue a declaratory order in any of the following classes of circumstances:
(a) questions involving circumstances set
forth in Subsection
63G-4-503(3)(a)(ii)
or 63G-4-503(3)(b);
(b) questions that are not within the
jurisdiction of the department;
(c)
questions that have been addressed by the department in an order, rule, or
policy;
(d) questions that can be
addressed by informal advice;
(e)
questions that are addressed by statute;
(f) questions that would be more properly
addressed by statute or rule;
(g)
questions that arise out of pending or anticipated litigation in a civil,
criminal, or administrative forum; or
(h) questions that are irrelevant,
insignificant, meaningless, or spurious.
(4) The recipient of a declaratory order may request agency review.
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