Section 324.81. Declaratory rulings.

(1) An interested person requesting a declaratory ruling as to the applicability of a licensing statute, rule, or order administered by the department to an actual state of uncontested facts may do so on a form provided by the department. Requests regarding enforcement issues are not a proper subject for a declaratory ruling. The department shall not process a request that is incomplete. The request shall contain, at a minimum, all  of the following information:

(a)   The requesting person's name, mailing address, and telephone number.

(b)      The requesting person's interest in  the  matter,  including assertions regarding the person's legal standing to request a declaratory ruling.

(c)   The statute, rule, or order to which the request applies.

(d)  A detailed statement of the actual  uncontested   facts  to  which the  statute, rule,  or  order   may  apply.  Drawings, sketches, photographs, illustrations, and maps may be attached to the form.

(2)    Within 60 days of receipt of the request, the department shall take 1 of the following actions:

(a)   Deny the request and state the reasons for the denial.

(b)   Grant the request and issue the declaratory ruling.

(c)    Advise the person requesting the ruling that further clarification of the facts must be provided, or that the department requires additional time to conduct a review, including, but not limited to, an on-site investigation.

(3)   If subrule (2)(c)of this rule is invoked, the  department  shall either deny or grant  the   request  within  60   days  after    receiving satisfactory clarification of facts from the requesting person or from the date the department notifies the requesting person of the need for additional time  to investigate.

(4)    The department shall issue a declaratory ruling only in matters where all relevant facts are stipulated to by the requesting party and appropriate division. If relevant facts necessary to issue a declaratory ruling are contested, then a declaratory ruling shall not be issued.

(5)   A denial or adverse decision of a declaratory ruling does not entitle a person to a contested case hearing.

History: 2003 AACS.