4 CCR 737-1.4 - DECLARATORY ORDERS (C.R.S. section 24-4-105(11))
A.
Any person may petition the Board for a declaratory order to terminate a
controversy or to remove uncertainty as to the applicability to the petitioner
of any statutory provision or of any Board Rule or Order.
B. A petition filed pursuant to this Rule
shall set forth the following:
1. The name
and address of the petitioner and whether the petitioner is a
Licensee.
2. The statute, rule, or
order to which the petition relates.
3. A concise statement of all 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.
C. The Board
will determine, in its discretion and without notice to petitioner, whether to
rule on a petition. In determining whether to rule on a petition, the Board
will consider the following matters, among others:
1. Whether a ruling on the petition will
terminate a controversy or remove uncertainty as to the applicability to
petitioner of any statutory provision or Board Rule or Order.
2. Whether the petition involves any subject,
question, or issue that is the subject of a formal or informal matter,
proceeding, or investigation involving the petitioner and currently pending
before the Board, any other agency, or a court.
3. Whether the petition involves any subject,
question, or issue that is the subject of a formal or informal matter,
proceeding, or investigation currently pending before the Board, any other
agency, or a court, but not involving the 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, other than an action for declaratory
relief pursuant to Rule 57, Colorado Rules of Civil Procedure, that will
terminate the controversy or remove any uncertainty as to the applicability to
the petitioner of the statute, rule, or order in question.
D. If the Board determines, in its
discretion, that it will not rule on the petition pursuant to this Rule, the
Board shall promptly notify the petitioner of its action and state the reasons
for such action.
E. If the Board
determines, in its discretion, that it will rule on the petition, any ruling of
the Board will apply only to the facts presented in the petition and any
amendment to the petition. If the Board rules on the petition without a
hearing, it shall notify the petitioner of its decision within 120 days. In
ruling on the petition, the Board may take one or more of the following
actions, in its discretion:
1. The Board may
dispose of the petition on the basis of the matters set out in the
petition.
2. The Board may request
the petitioner to submit additional facts, in writing. In this event, the
additional facts amend the petition.
3. The Board may order the petitioner to file
a written brief, memorandum, or statement of position.
4. The Board may set the petition for
hearing, upon due notice to petitioner, to obtain additional facts or
information; 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 the
hearing shall state, to the extent known, the factual or other matters into
which the Board intends to inquire. For the purpose of the hearing, to the
extent necessary, the petitioner shall have the burden of proving all facts
stated in the petition; all facts necessary to show the nature of the
controversy or uncertainty; 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 Board to consider.
F. If the Board determines that the petition
addresses a matter within the purview of any other agency, the Board shall
refer the petition to the other agency for consideration. If the Board refers a
petition to another agency, the Board shall promptly inform the petitioner of
the referral. The referral ends the matter before the Board.
G. 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 in such a proceeding. A petition to intervene
shall set forth the matters required by subsection (B) of this Rule. Based on
the information presented and in its discretion, the Board may grant leave to
intervene. Any reference to "petitioner" in this Rule includes any person who
has been granted leave to intervene by the Board.
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 section
24-4-106, C.R.S.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.