Sec. 01.02.03.04. Petition for Declaratory Ruling  


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  • A. Who May File. Any interested person may file with the Secretary a petition for a declaratory ruling with respect to the applicability of the Act or any regulation pertaining to the Act, to any person, property, or state of facts.

    B. Form. The petition shall be in writing. It shall contain a detailed statement of the facts underlying the questioned applicability of the regulation or the Act and shall pose the question of whether or in what manner the stated regulation or the Act applies to the facts contained in the petition. The petition shall also contain the name, address, and telephone number of the petitioner and a statement by the petitioner, under oath, that the facts set forth in the petition are true to the best of his knowledge, information, and belief.

    C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary for his consideration and disposition. The Secretary shall mail promptly to each person requesting a declaratory ruling a notice of filing indicating the date of receipt of the petition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing within 30 days of the date of receipt of the petition of whatever action he decides to take and state the reasons for his decision.