4 CCR 740-1.7 - DECLARATORY ORDERS
This Rule is promulgated pursuant to sections 12-110-107 and 24-4-105(11), C.R.S., and establishes procedures for the handling of requests for declaratory orders.
A. Any person or entity may
petition the Commission for a declaratory order to terminate controversies or
remove uncertainties as to the applicability of any statutory provision or of
any Rule or order of the Commission.
B. The Commission will determine, at 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 decision.
C. 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 provisions or rule or order
of the Commission.
2. Whether the
petition involves any subject, question or issue that is the subject of a
formal or informal matter or investigation currently pending before the
Commission or a court involving one or more petitioners.
3. Whether the petition involves any subject,
question or issue that 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, other than an action for declaratory relief pursuant to
the Colorado Rules of Civil Procedure 57, which will terminate the controversy
or remove any uncertainty as to the applicability to the petitioner of the
statute, rule or order in question.
D. Any petition filed pursuant to this Rule
shall set forth the following:
1. The name and
address of the petitioner and whether the petitioner is licensed pursuant to
Title 12, Article 110.
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.
E. 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 Administrative Procedure Act at section
24-4-105(8),
C.R.S., and may utilize its experience, technical competence, and specialized
knowledge in the disposition of the petition.
2. If the Commission rules upon the petition
without a hearing, it shall promptly notify the petitioner of its
decision.
3. The Commission may, at
its discretion, set the petition for hearing, 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 shall set forth, to the extent
known, the factual or other matters into which the Commission intends to
inquire.
4. For the purpose of such
a hearing, to the extent necessary, the petitioner shall have the burden of
proving all 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.
F. The parties
to any proceeding pursuant to this Rule shall be the Commission and the
petitioner. Any other person including the Director 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 are required by Section 4.4 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.
G. Any declaratory order or other order
disposing of a petition pursuant to this Rule shall constitute agency action
subject to judicial review pursuant to the Colorado Administrative Procedures
Act at section
24-4-106, C.R.S.
Notes
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