Section 38.51. Declaratory ruling.

Rule 51. (1) Any interested person may request a declaratory ruling from the board as provided by MCL 24.263 of the APA.

(2)     A request for declaratory ruling shall consist of all of the following:

(a)     Be in the form of a sworn statement.

(b)     State the nature and purpose for the request.

(c)     Contain a clear and concise statement of the actual state of facts upon which the ruling is requested.

(d)    State the statute, rule, or order administered by the board that applies.

(e)     Contain a statement establishing the relationship between the person requesting the ruling and the statute, rule, or order that applies.

(f)    Contain the requested proposed ruling.

(3)     An interested person who requests a declaratory ruling shall serve a copy of it upon every person referred to in the statement of facts included in the request.

(4)      Within 90 days of receipt of a request for declaratory ruling that complies with this rule, the board shall respond to the request by doing 1 of the following:

(a)     Issue the declaratory ruling.

(b)     Deny the request for declaratory ruling.

(c)     Extend the time for doing either  subdivision  (a)  or  (b)  of  this subrule by an additional 90 days.

History: 2008 AACS.