Sec. 10.27.08.02. Petition

A. An interested person may file with the Board a petition for a declaratory ruling with respect to the manner in which the Board would apply:

(1) A statute;

(2) A regulation; or

(3) An order which the Board enforces to a particular case based on the facts presented in the petition.

B. The Board may delegate responsibility for consideration of the petition.

C. Petition for Declaratory Ruling.

(1) The petition for a declaratory ruling shall be filed in writing.

(2) The petition shall contain a statement describing in detail:

(a) The interest of the petitioner in making the request;

(b) The issue involved;

(c) A statement of the facts; and

(d) A list of relevant documents or statements, or both, to be considered.

(3) The Board may require an affidavit from the petitioner that the facts contained in the petition are true to the best of the person's knowledge and belief.

D. Granting of Petition.

(1) Not later than 60 days from receipt of the petition the Board shall inform the petitioner whether the petition will be considered.

(2) If the Board decides not to consider the petition, the Board shall inform the petitioner in writing of the reasons for denial.