Sec. 08.01.08.01. Petitions for Declaratory Rulings  


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  • A. Who May File. Any interested person may petition the Secretary for a declaratory ruling with respect to the applicability of any regulation, order, or statute enforceable by the Department of Natural Resources to any person or property.

    B. Form. The petition shall be in writing and shall contain a detailed statement of the facts under which the applicability of the regulation, order, or statute is questioned. It shall include the petitioner's name, address, and telephone number and an explanation of the petitioner's interest. The petitioner shall attach a certificate, given under oath, that the facts contained in the petition are true to the best of the petitioner's knowledge, information, and belief.

    C. Submission, Consideration, and Disposition. The petition shall be filed with the Secretary at the main office of the Department of Natural Resources, for the Secretary's consideration and disposition. The Secretary shall consider the petition and may issue the declaratory ruling requested. The Secretary shall notify the petitioner in writing of the decision, stating the reasons.