Section 257.104. Declaratory rulings.

(1) The administrator, on request of an interested person, may issue a declaratory ruling as to the applicability to an actual statement of facts of the act or a rule herein when he submits to the  administrator  the following:

(a)  ) A clear and concise statement of the actual statement of facts.

(b)    If the interested person desires, a brief or other reference to legal authorities   upon  which  he  relies  for   determination   of    the applicability of the act or a rule to the statement of facts.

(2)   The administrator, if he determines to issue a  declaratory   ruling, shall furnish the person with a statement to that effect and set forth the time in which the ruling will be issued.

(3)   A ruling shall repeat the actual statement of facts, the legal authority on which the department relies for its ruling, if any, and  the ruling it makes. A ruling once issued is binding on the administrator and he may not retroactively change the ruling, but nothing in this rule shall prohibit the administrator from prospectively changing a ruling.

History: 1979 AC.