Section 400.951. Declaratory rulings.

Rule 51. (1) Upon receipt of a written request specifically asking that a declaratory ruling be issued by the department from an interested person or the agent of an interested person, as defined in section 5 of Act  No. 306 of the Public Acts  of 1969, as amended, being S24.205 of the Michigan Compiled Laws, the department director or person specifically delegated by the department director may issue a declaratory ruling as to the applicability to an actual state of facts of a statute administered by the department or of a rule or order of the department.

(2)    A request  for  a   declaratory  ruling   shall     contain     all     of  the following information:

(a)   A clear, concise, and complete statement  of    the     actual     state  of facts upon which a requested ruling is to be based.

(b)   The statute, rule, or order involved.

(c)   A precise statement of the legal question or issue asked.

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

(3)    The requester may submit with the request a brief or other reference to legal authorities upon which  the  person  believes the declaratory ruling should be based.

(4)   The request may be declined in any of the following situations:

(a)   The subject matter of a request is frivolous on its face.

(b)   The statement of actual facts or issues contained   in     a     request  is indefinite, incomplete, or lacks specificity.

(c)   The same, or substantially the same, actual state of facts or issue of law is under investigation or is, or has been, the subject of a current action, order, judgment, or decree initiated, pending against, or obtained by the department, the attorney general, or a prosecuting attorney.

(5)    If a department declines  to  issue  a  declaratory  ruling,  the interested person making the request shall be given notice, in writing, within 45 working days of receipt of the request. The denial shall include the facts upon which the denial has been made.

(6)    If the department issues a declaratory ruling,    it     will     be  issued within 60 working days and shall contain all of the following:

(a)   A statement or findings of fact.

(b)   Conclusions of law supported by legal authority or reasoned opinion.

(c)   The ruling or determination made.

History: 1985 AACS.