Section 38.135. Request for declaratory ruling.

(1) An interested person may request that the commission issue a declaratory ruling on how a statute that is administered by the commission or a rule or order of the commission applies to an actual state of facts.

(2)    A request for a declaratory ruling shall be submitted to the State Tenure Commission, Department of Education, P.O. Box 30008, 608 West Allegan, Lansing, Michigan 48909.  A request shall contain all of the following information:

(a)  A clear and concise statement of the actual state of facts upon which a ruling will be based.

(b)   A precise statement of the legal question or issue involved.

(c)   ) A citation of the statute or administrative rule at issue.

(d)  The signature of the interested person making the request.

(3)  An applicant who requests a declaratory ruling shall serve a copy of the request for a declaratory ruling upon any person known by the applicant to have an interest in the matter and upon any person referred  to   in  the statement of facts when  the   request is filed with the commission. An applicant shall deliver a copy of the request personally or send a copy by certified mail, return receipt requested. An applicant shall file the proof of service together with the request to issue a declaratory ruling.

(4)    Within 60 days after receiving a submitted request,  the  commission shall notify any person identified in subrule (3) of this rule as to whether the declaratory ruling will be issued or denied.

(5)    If the request is denied, then the commission shall issue a concise written statement of the legal or factual reasons for denial.

(6)   If a request is granted, then the commission shall notify all persons identified in subrule (3) of this rule that any interested person may submit a brief of the legal authority upon which the person believes the declaratory ruling should be based within a time to be established by the commission.

(7)   If a declaratory ruling is issued, then the ruling shall include all of the following information:

(a)  The actual state of facts upon which the ruling is based.

(b)  The conclusion of law based on the legal authority that the commission relied on for its ruling.

(c)   The ruling or determination made.

(8)   The commission shall make available a copy of a declaratory ruling, the grant of a request for a declaratory ruling, or a denial of a request for a declaratory ruling upon request.

History: 1998-2000 AACS.