3 CCR 708-1-10.8 - Declaratory Orders
(A) These rules
are adopted pursuant to §
24-4-105(11),
C.R.S., in order to provide for a procedure for entertaining requests for
declaratory orders to terminate controversies or to remove uncertainties with
regard to the applicability of statutory provisions or rules or orders of the
Commission to persons defined in the rules.
(B) Any person may petition the Commission
for a declaratory order to terminate controversies or to remove uncertainties
as to the applicability to the petitioner of any statutory provision or of any
rule or order of the commission.
(C) The Commission will determine, in its
discretion and without notice to petitioner, whether to rule upon any such
petition. If the Commission determines that it will not rule upon such a
petition, the Commission shall promptly notify the petitioner of its action and
state the reasons for such action.
(D) In determining whether to rule upon a
petition filed pursuant to this rule, the Commission will consider the
following matters, among others:
(1) Whether a
ruling on the petition will terminate a controversy or remove uncertainties as
to the applicability to petitioner of any statutory provision or rule or order
of the Commission.
(2) Whether the
petition involves any subject, question or issue which is the subject of a
formal or informal matter or investigation currently pending before the
Commission or a court involving one or more of the petitioners.
(3) Whether the petition involves any
subject, question or issue which is the subject of a formal or informal matter
or investigation currently pending before the Commission or a court but not
involving any petitioner.
(4)
Whether the petition seeks a ruling on a moot or hypothetical question or will
result in an advisory ruling or opinion.
(5) Whether the petitioner has some other
adequate legal remedy which will terminate the controversy or remove any
uncertainty as to the applicability to the petitioner of the statute, rule or
order in question.
(E)
Any petition filed pursuant to this rule shall set forth the following:
(1) The name and address of the
petitioner.
(2) The statute, rule
or order to which the petition relates.
(3) A concise statement of all of the facts
necessary to show the nature of the controversy or uncertainty and the manner
in which the statute, rule or order in question applies or potentially applies
to the petitioner.
(F) If
the Commission determines that it will rule on the petition, the following
procedures shall apply:
(1) The Commission may
rule upon the petition based solely upon the facts presented in the petition.
In such a case:
(a) Any ruling of the
Commission will apply only to the extent of the facts presented in the petition
and any amendment to the petition.
(b) The Commission may order the petitioner
to file a written brief, memorandum or statement of position.
(c) The Commission may set the petition, upon
due notice to petitioner, for a non- evidentiary hearing.
(d) The Commission may dispose of the
petition on the sole basis of the matters set forth in the petition.
(e) The Commission may request the petitioner
to submit additional facts, in writing. In such event, such additional facts
will be considered as an amendment to the petition.
(f) The Commission may take administrative
notice of facts pursuant to the State Administrative Procedure Act [§
24-4-105(8),
C.R.S.], and may utilize its experience, technical competence and specialized
knowledge in the disposition of the petition.
(g) If the Commission rules upon the petition
without a hearing, it shall promptly notify the petitioner of its
decision.
(2) The
Commission may, in its discretion, set the petition for hearing under §
24-4-105, C.R.S., upon due notice
to petitioner, for the purpose of obtaining additional facts or information or
to determine the truth of any facts set forth in the petition or to hear oral
argument on the petition. The notice to the petitioner setting such hearing
shall set forth, to the extent known, the factual or other matters into which
the Commission intends to inquire. For the purpose of such a hearing, to the
extent necessary, the petitioner shall have the burden of proving all of the
facts stated in the petition, all of the facts necessary to show the nature of
the controversy or uncertainty and the manner in which the statute, rule or
order in question applies or potentially applies to the petitioner and any
other facts the petitioner desires the Commission to
consider.
(G) The parties
to any proceeding pursuant to this rule shall be the Commission and the
petitioner. Any other person may seek leave of the commission to intervene in
such a proceeding, and leave to intervene will be granted at the sole
discretion of the Commission. A petition to intervene shall set forth the same
matters as required by Rule 10.9(E) of this rule. Any reference to a
"petitioner" in this rule also refers to any person who has been granted leave
to intervene by the Commission.
(H)
Any declaratory order or other order disposing of a petition pursuant to this
rule shall constitute final agency action subject to judicial review pursuant
to §
24-4-106, C.R.S.
Notes
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