Section 257.183. Declaratory rulings.  


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  • (1) The administrator, on written request of  an  interested person, may issue a declaratory ruling as to the applicability to an actual statement of facts of the act or these rules upon submission of 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 or  she  relies  for  determination  of   the applicability of the act or these rules to the statement of facts.

    (2)    A declaratory ruling shall include all of the following:

    (a)     The actual statement of facts.

    (b)     The legal authority on which the department relies for its ruling, if any.

    (c)   The ruling it makes.

    (3)         A ruling once issued is binding on the administrator and it may not retroactively be changed, but nothing in this rule shall prohibit the administrator from prospectively changing a ruling.

History: 1979 AC; 1998-2000 AACS.