Current through Bulletin 2024-18, September 15, 2024
(1) Any Request for
a Declaratory Order shall be addressed first to the Director specified in Part
6 of this Rule,
(2) Any person who
seeks to obtain a declaratory order shall file a Request for Declaratory Order
that meets these requirements. The request shall:
(a) Clearly designate the Request for Agency
Action as one requesting a declaratory order;
(b) Identify the statute, department or
division rule or order to be reviewed;
(c) Describe in detail the situation or
circumstances in which the applicability of the statute, rule or order is to be
reviewed;
(d) Describe the
Requestor's reason or need for the order;
(e) Set out a proposed order;
(f) As appropriate, address with specificity
each of the circumstances described in R305-7-502(4) and demonstrate that the
condition does not apply.
(3) Failure to submit a complete Request for
Declaratory Order is grounds for denying the Request.
(4) The following classes of circumstances
are exempt from declaratory order, as provided in Section
63G-4-503(3)(b):
(a) Circumstances in which a declaratory
order would substantially prejudice the rights of a person who would be a
necessary party under the Utah Rules of Civil Procedure, unless the Petitioner
has that person's consent in writing;
(b) Circumstances in which the person
requesting the declaratory order does not have standing;
(c) Circumstances in which informal agency
opinion or other agency action is sufficient to meet the need described in the
Petition;
(d) Circumstances in
which questions have already been adequately addressed by the agency in an
order or in informal advice;
(e)
Circumstances that raise questions that are clear and do not warrant an
order;
(f) Circumstances that are
more properly addressed by a statutory change or rulemaking
proceedings;
(g) Circumstances that
arise out of pending or anticipated litigation in a civil, criminal or
administrative forum and that are more properly addressed by that
forum;
(h) Circumstances under
which the critical facts are not clear and may be altered by subsequent events,
or the issues are otherwise not yet ripe for consideration;
(i) Circumstances under which the person
making the request is unable to show that real risk to that person will be
confronted if the intended course of conduct is taken; and
(j) Circumstances involving use of the
agency's emergency authority.
(5) If no declaratory order or order setting
the matter for hearing is issued within 60 days of the Request, the Request
shall be deemed denied.
(6) An
Initial Order of the Director on a Request for Declaratory Action may be
challenged by filing a request for agency action under this Rule.
