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      RS 30:2050.10     


§2050.10.  Declaratory rulings

A.  The secretary shall adopt procedures for the issuance of declaratory rulings on significant matters.  The rules must provide for:

(1)  The form, content, and filing of a petition for a declaratory ruling.

(2)  The procedural rights of the person seeking a declaratory ruling.

(3)  The disposition of the petition.

(4)  A fee, to be paid by the petitioner, sufficient to defray the expenses of issuing the ruling.

(5)  Concurrence as to legal sufficiency by the chief legal officer.

(6)  A requirement that the secretary shall maintain, in a place accessible to the public, a list of all petitions for declaratory rulings that have been filed.  The list shall identify the petitioner, the matter to be decided and, when applicable, the location of the activity or facility which is the subject of the petition.

(7)  The right of intervention by aggrieved persons.

B.  A person having a real and actual interest in the matter for which a declaratory ruling is sought may petition the secretary for a declaratory ruling.  The secretary may issue a declaratory  ruling as to the applicability of a statute or rule to facts established by affidavit.

C.  The secretary shall decide within sixty days after the filing of a petition whether a declaratory ruling will be issued.  If the secretary determines that a declaratory ruling should not be issued, the petitioner may then proceed under the provisions of the Administrative Procedure Act authorizing an action for a declaratory judgment to determine the validity or applicability of a rule or under the provisions of the Code of Civil Procedure authorizing an action for a declaratory judgment.

D.  The secretary shall maintain, in a place accessible to the public, a list of petitions for declaratory rulings and of declaratory rulings, and an index to the list.

E.  The secretary shall notify the petitioner, an intervenor, and a person who requested notice and provided an address.

F.  A declaratory ruling is a final agency action.

G.  The secretary may prospectively reverse or modify the declaratory ruling after notice to the petitioner in accordance with rules governing such proceedings.

Acts 1995, No. 947, §1, eff. Jan. 1, 1996; Acts 1999, No. 303, §1, eff. June 14, 1999.

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