Rule R600-1. Declaratory Orders.

As in effect on August 1, 2009

Table of Contents

• R600-1-1. Purpose.
• R600-1-2. Definitions.
• R600-1-3. Petition Form and Filing.
• R600-1-4. Reviewability.
• R600-1-5. Intervention.
• R600-1-6. Petition Review and Disposition.
• R600-1-7. Administrative Review.
• KEY
• Date of Enactment or Last Substantive Amendment
• Notice of Continuation
• Authorizing, Implemented, or Interpreted Law

R600-1-1. Purpose.

A. As required by Section 63G-4-503, this rule provides the procedures for submission, review, and disposition of petitions for agency declaratory orders on the applicability of statutes, rules and orders governing or issued by the agency.

B. In order of importance, procedures governing declaratory orders are:

(1) procedures specified in this rule pursuant to Chapter 46b of Title 63, U.C.A.;

(2) the applicable procedures of Chapter 46b of Title 63;

(3) applicable procedures of other governing state and federal law; and

(4) the Utah Rules of Civil Procedure.

R600-1-2. Definitions.

Terms used in this rule are defined in Section 63G-4-103, except and in addition:

A. "Applicability" means a determination if a statute, rule, or order should be applied, and if so, how the law stated should be applied to the facts.

B. "Declaratory Order" means an administrative interpretation or explanation of rights, status, and other legal relations under a statute, rule or order.

C. "Director" means the agency head or governing body with jurisdiction over the Agency's adjudicative proceedings.

R600-1-3. Petition Form and Filing.

A. The petition shall be addressed and delivered to the director, who shall mark the petition with the date of receipt.

B. The petition shall:

(1) be clearly designated as a request for an agency declaratory order;

(2) identify the statute, rule, or order to be reviewed;

(3) describe in detail the situation or circumstances in which applicability is to be reviewed;

(4) describe the reason or need for the applicability review, addressing in particular, why the review should not be considered frivolous;

(5) include an address and telephone number where the petitioner can be contacted during regular work days; and

(6) be signed by the petitioner.

R600-1-4. Reviewability.

The agency shall not issue a declaratory order if the subject matter is:

A. not within the jurisdiction and competence of the agency;

B. frivolous, trivial, irrelevant, or immaterial;

C. likely to substantially prejudice the rights of a person who would be a necessary party, unless that person consents in writing to the determination of the matter by a declaratory proceeding;

D. one in which the person requesting the declaratory order has participated in a completed or on- going adjudicative proceeding concerning the same issue within the past 12 months; or

E. otherwise excluded by state or federal law.

R600-1-5. Intervention.

A person may file a petition for intervention in a declaratory proceeding only if they deliver to the director a petition complying with all of the requirements of Section 63G-4-207 within 20 days of the director's receipt of the petition for a declaratory order filed under Section 63G-4-503(4).

R600-1-6. Petition Review and Disposition.

A. The agency will be governed by the provisions of Sections 63G-4-503(6) and (7).

B. Petitions seeking declaratory orders will be designated as informal adjudicative proceedings.

R600-1-7. Administrative Review.

A. Petitioner may seek reconsideration of a declaratory order by petitioning the director under the procedures of Section 63G-4-302.

KEY

labor commission, declaratory orders

Date of Enactment or Last Substantive Amendment

1988

Notice of Continuation

April 28, 2008

Authorizing, Implemented, or Interpreted Law

34A-1-104; 63G-4-504 et seq.