Sec. 07.01.01.05. Petition for Declaratory Rulings

A. Who May File. Any person may file with the Secretary a petition for a declaratory ruling regarding the applicability of a statute or regulation pertaining to the Department to any:

(1) Person;

(2) Property; or

(3) State of facts.

B. Form. The petition shall:

(1) Be in writing;

(2) Contain a detailed statement of the facts to which the applicability of the statute or regulation is questioned and pose the question of whether and how the stated statute or regulation applies to the facts in the petition;

(3) Include the petitioner's:

(a) Name,

(b) Address,

(c) Telephone number, and

(d) Facsimile number, if available; and

(4) Include a notarized statement from the petitioner that the facts in the petition are true to the best of the petitioner's knowledge, information, and belief.

C. Submission, Consideration, and Disposition.

(1) The petitioner shall file the petition with the Secretary for consideration and disposition.

(2) The Secretary shall:

(a) Consider the petition; and

(b) Make a decision on the requested declaratory ruling.

(3) The Secretary shall:

(a) Notify the petitioner in writing of the decision within 60 days of receipt of the petition; and

(b) Include the reasons for the action the Secretary may take.