OAR 860-001-0430
Petition for Declaratory Ruling
(1)
A petition for a declaratory ruling under ORS 756.450 (Declaratory rulings) must contain:(a)
The rule or statute that may apply to the person, property, or facts;(b)
A detailed statement of the relevant or assumed facts, including sufficient facts to show petitioner’s interest;(c)
All propositions of law or arguments asserted by petitioner;(d)
The questions presented;(e)
The specific relief requested; and(f)
The name and contact information, including telephone number, physical address, and electronic mail address of petitioner and of any other person known by petitioner to have legal rights, duties, or privileges that will be affected by the request.(2)
Within 60 days after the petition is properly filed, the Commission must determine whether it will substantively consider the request. The Commission will make the decision at a public meeting and allow public comment on whether it should substantively consider the request. The Commission will notify the petitioner of its decision in writing. If the Commission decides to substantively consider the request for a declaratory ruling, then it will refer the matter to the Administrative Hearings Division to initiate proceedings.(3)
A person may petition to intervene as a party under OAR 860-001-0300 (Practice Before the Commission)(4).(4)
No testimony or other evidence may be submitted. The petition for declaratory ruling will be decided on the facts stated in the petition, except that the presiding ALJ may agree to accept a statement of alternative facts or alternative questions for the Commission’s consideration.(5)
All parties will have the right to file briefs to present legal argument. Parties may request the opportunity to also present oral argument.
Source:
Rule 860-001-0430 — Petition for Declaratory Ruling, https://secure.sos.state.or.us/oard/view.action?ruleNumber=860-001-0430.