Chapter 03. Petition for Declaratory Rulings

Any interested person may file a petition for a declaratory ruling with respect to the applicability to any person, property, or state of facts of any regulation promulgated by any unit of the Department, of an order of a unit of the Department, or of any statute enforceable by any unit.

A petition with respect to the applicability of any regulation, order, or statute enforceable by any unit of the Department shall be filed with the appropriate authority.

Any petition shall be in writing, shall contain a detailed statement of the facts on which the petition is based, shall fully set forth the regulations, orders, or statutes involved, and shall pose the question of whether, and in what manner, the regulations, orders, or statutes apply to the petitioner under the facts contained in the petition. The petition shall contain the name, address, and telephone number of the petitioner, and shall contain a statement by the petitioner, under oath, that the facts contained in the petition are true.

The unit with which the petition has been filed shall consider the petition and may issue the declaratory ruling requested. The considering authority may require argument on the petition. Any declaratory ruling which may issue binds the unit and the petitioner on the facts set forth in the petition. Any declaratory ruling issued by a promulgating authority shall be in writing and shall state the reasons for the decision. A copy of the declaratory ruling shall be mailed to the petitioner.