3 CCR 712-1.19 COLORADO PODIATRY BOARD RULES and REGULATIONS FOR DECLARATORY ORDERS
This Rule is promulgated pursuant to sections 12-20-204, 12-290-106(1)(a), and 24-4-105(11), C.R.S.
A. Any person may petition the
Board 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 Board.
B. The Board will determine, in its
discretion and without notice to petitioner, whether to rule upon any such
petition. If the Board determines that it will not rule upon such a petition,
the Board shall promptly notify the petitioner of its decision. Any of the
following grounds, among others, may be sufficient reason to refuse to
entertain a petition.
1. Failure to comply
with Section C of this Rule.
2. A
ruling on the petition will not terminate the controversy nor remove
uncertainties as to the applicability to petitioner of any statutory provision
or rule or order of the Board.
3.
The petition Involves any subject, question or issue which is the subject of,
or is involved in, a matter (including a hearing, investigation or complaint)
currently pending before the Board, particularly, but not limited to, any such
matter directly involving the petitioner.
4. The petitioner seeks a ruling on a moot or
hypothetical question, or will result in an advisory ruling or opinion, having
no direct applicability to the petitioner.
5. Petitioner has some other adequate legal
remedy, other than an action for declaratory relief pursuant to C.R.C.P. 57,
which will terminate the controversy or remove any uncertainty concerning
applicability of the statute, rule or order in question.
C. Any petition filed pursuant to this Rule
shall set forth the following:
1. The name and
address of the petitioner; whether the petitioner is licensed by the Colorado
Podiatry Board.
2. The statute,
rule or order to which the petitioner 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. Petitioner may also include a concise statement of the legal
authorities upon which petitioner relies.
4. A concise statement of the specific
declaratory order sought by petitioner.
D. If the Board determines that it will rule
on the petition, the following procedures shall apply:
1. The Board may rule upon the petition
without holding an evidentiary hearing. In such case:
a. Any ruling of the Board will apply only to
the extent of the facts presented in the petition and in any clarifying
information submitted in writing to the Board.
b. The Board may order the petitioner to file
a written clarification of factual matters, a written brief, memorandum or
statement of position.
c. The Board
may set the petition, upon due notice to petitioner, for a non-evidentiary
hearing.
d. The Board may dispose
of the petition on the sole basis of the matters set forth in the
petition.
e. The Board may take
administrative notice of commonly known facts within its expertise or contained
in its records and consider such facts in its disposition of the
petition.
f. If the Board rules
upon the petition without a hearing, it shall promptly notify the petitioner of
its decision.
2. The
Board may, in its discretion, set the petition for an evidentiary hearing,
conducted in conformance with section
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. The notice to
the petitioner setting such hearing shall set forth, to the extent known, the
factual or other matters into which the Board intends to inquire. For the
purpose of such a hearing, 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 to consider.
E. The parties to any proceeding pursuant to
this Rule shall be the Board and the petitioner. Any other person may seek
leave of the Board to intervene will be granted at the sole discretion of the
Board. A petition to intervene shall set forth the same matters as required by
Section C of this Rule of this chapter. Any reference to a "petitioner" in this
Rule also refers to any person who has been granted leave to intervene by the
Board.
Notes
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