Utah Code 63G-4-503. Declaratory orders
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(1) Any person may file a request for agency action, requesting that the agency issue a declaratory order determining the applicability of a statute, rule, or order within the primary jurisdiction of the agency to specified circumstances.
Terms Used In Utah Code 63G-4-503
- Adjudicative proceeding: means an agency action or proceeding described in Section
63G-4-102 . See Utah Code 63G-4-103 - Agency: means a board, commission, department, division, officer, council, office, committee, bureau, or other administrative unit of this state, including the agency head, agency employees, or other persons acting on behalf of or under the authority of the agency head, but does not mean the Legislature, the courts, the governor, any political subdivision of the state, or any administrative unit of a political subdivision of the state. See Utah Code 63G-4-103
- Declaratory proceeding: means a proceeding authorized and governed by Section
63G-4-503 . See Utah Code 63G-4-103 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Party: means the agency or other person commencing an adjudicative proceeding, all respondents, all persons permitted by the presiding officer to intervene in the proceeding, and all persons authorized by statute or agency rule to participate as parties in an adjudicative proceeding. See Utah Code 63G-4-103
- Person: means an individual, group of individuals, partnership, corporation, association, political subdivision or its units, governmental subdivision or its units, public or private organization or entity of any character, or another agency. See Utah Code 63G-4-103
- Statute: A law passed by a legislature.
- Writing: includes :(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(2) Each agency shall issue rules that:(2)(a) provide for the form, contents, and filing of petitions for declaratory orders;(2)(b) provide for the disposition of the petitions;(2)(c) define the classes of circumstances in which the agency will not issue a declaratory order;(2)(d) are consistent with the public interest and with the general policy of this chapter; and(2)(e) facilitate and encourage agency issuance of reliable advice.(3)(3)(a) An agency may not issue a declaratory order if:(3)(a)(i) the request is one of a class of circumstances that the agency has by rule defined as being exempt from declaratory orders; or(3)(a)(ii) the person requesting the declaratory order participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request.(3)(b) An agency may issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party, only if that person consents in writing to the determination of the matter by a declaratory proceeding.(4) Persons may intervene in declaratory proceedings if:(4)(a) they meet the requirements of Section
63G-4-207 ; and(4)(b) they file timely petitions for intervention according to agency rules.(5) An agency may provide, by rule or order, that other provisions of Sections63G-4-202 through63G-4-302 apply to declaratory proceedings.(6)(6)(a) After receipt of a petition for a declaratory order, the agency may issue a written order:(6)(a)(i) declaring the applicability of the statute, rule, or order in question to the specified circumstances;(6)(a)(ii) setting the matter for adjudicative proceedings;(6)(a)(iii) agreeing to issue a declaratory order within a specified time; or(6)(a)(iv) declining to issue a declaratory order and stating the reasons for its action.(6)(b) A declaratory order shall contain:(6)(b)(i) the names of all parties to the proceeding on which it is based;(6)(b)(ii) the particular facts on which it is based; and(6)(b)(iii) the reasons for its conclusion.(6)(c) A copy of all orders issued in response to a request for a declaratory proceeding shall be mailed promptly to the petitioner and any other parties.(6)(d) A declaratory order has the same status and binding effect as any other order issued in an adjudicative proceeding.(7) Unless the petitioner and the agency agree in writing to an extension, if an agency has not issued a declaratory order within 60 days after receipt of the petition for a declaratory order, the petition is denied.