8 CCR 1207-2 Part 4 - Action on the petition

A. The Commissioner, Commission or Board will determine, in his/her/its discretion, whether to rule upon any petition.

B. In determining whether to rule upon a petition, the Commissioner, Commission or Board will consider the following matters, among others:

1. Whether the petitioner complied with the provisions of this rule.

2. Whether ruling on the petition will terminate a controversy or remove uncertainties as to the applicability to petitioner of any statutory provision, rule or order.

3. Whether the petition involves any subject, question or issue which is the subject or a formal or informal matter or investigation currently pending before the Commissioner, Commission, Board, Department or a court involving one or more of the petitioners, which if ruled upon will terminate the controversy or remove the uncertainties as to the applicability to the petitioner of any statutory provision, rule or order.

4. 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 Commissioner, Commission, Board, Department or a court but not involving the petitioner, which if ruled upon will terminate the controversy or remove the uncertainties as to the applicability to the petitioner of any statutory provision, rule or order.

5. Whether the petition seeks a ruling on a moot or hypothetical question or will result in an advisory ruling or opinion.

6. Whether the 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 as to the applicability to the petitioner of the statute, rule or order in question.

C. If the Commissioner, Commission or Board determines that he/she/it will not rule upon such a petition, he/she/it shall issue a written order disposing of the same, stating therein the reason(s) for such action. A copy of the order shall be mailed to the petitioner by first class mail to the address provided on the petition.

D. If the Commissioner, Commission or Board determines that he/she/it will rule upon the petition, the following procedures shall apply:

1. The Commissioner, Commission or Board may dispose of the petition on the sole basis of the matters set forth in the petition and any attachments thereto. Such ruling will apply only to the facts presented in the petition and any amendments to the petition.

2. The Commissioner, Commission or Board may order the petitioner to file a written brief, memorandum or position statement in support of the petition.

3. The Commissioner, Commission or Board may order the petitioner to submit additional facts, in writing.

4. The Commissioner, Commission or Board may set the petition for hearing, providing due notice to the petitioner. The purposes of such a hearing may be to obtain additional facts or information, to determine the truth of any facts set forth in the petition, and/or to hear oral argument on the petition. The notice to the petitioner shall set forth the factual or other matters into which the Commissioner, Commission or Board intends to inquire. At such hearing, the petitioner shall have the burden of proving by a preponderance of the evidence all facts stated in the petition and 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 facts.

5. The parties to any proceeding pursuant to this rule shall be the Commissioner, Commission or Board and the petitioner. Any other person may seek leave of the Commissioner, Commission or Board to intervene in the proceeding and leave to intervene will be granted at the sole discretion of the Commissioner, Commission or Board. A petition to intervene shall set forth the same information required in Part 3 of this rule. Any reference in this rule to "petitioner" shall include any person granted leave to intervene.

6. The Commissioner, Commission or Board may take administrative notice of facts, consistent with § 24-4-105(8), C.R.S. (1998) and may utilize his/her/its knowledge and experience, technical competence and specialized knowledge in disposition of the petition. As required by § 24-4-105(8), the fact(s) so noticed shall be specified in the record or be brought to the attention of the parties before the final decision and every party shall be afforded an opportunity to controvert the fact(s) so noticed.

7. The Commissioner, Commission or Board shall issue a written order disposing of the petition. A copy of the order shall be mailed to the petitioner by first class mail, to the address provided in the petition.

8. Any declaratory order or other order disposing of a petition pursuant to this rule shall constitute agency action subject to judicial review pursuant to § 24-4-106, C.R.S.

Notes

8 CCR 1207-2 Part 4