§ 4-5-224 — Declaratory order request - Notices

(a) Whenever an agency is petitioned for a declaratory order, that agency shall: (1) Submit electronically to the secretary of state the notice of hearing for publication in the notice section of the administrative register website and, if a statute applicable to the specific agency or a specific rule or class of rules under consideration requires some other form of publication, publish notice as required by that statute in addition to publication in the notice section of the administrative register website; and (2) Take such other steps as it deems necessary to convey effective notice to other agencies and professional associations that are likely to have an interest in the declaratory order proceedings. (b) Such notices shall include specific information relating to the declaratory order request, including, but not limited to: (1) Name of petitioner and an explanation of whom such person or entity purports to represent; (2) A summary of the relief requested, including the specific nature of the requested order, and the conclusion or conclusions the petitioner requests that the agency reach following the declaratory proceeding; and (3) A detailed outline and summary of the statutes or regulations that the agency is called upon to interpret or upon which it is to rule. (c) Notwithstanding § 4-5-223(a)-(c) , except in the case of an emergency proceeding that meets the conditions of § 4-5-208 , no declaratory order proceeding that calls for a title 63 agency to rule on the meaning of any provision of a licensee's professional licensing act may be set until at least forty-five (45) days after the notice required by this section has been filed with the secretary of state.

Legislative History

Acts 1997 , ch. 162, § 1; 2009 , ch. 566, §§ 17, 18.