Utah Administrative Code

The Utah Administrative Code is the body of all effective administrative rules as compiled and organized by the Division of Administrative Rules (see Subsection 63G-3-102(5); see also Sections 63G-3-701 and 702).

NOTE: For a list of rules that have been made effective since August 1, 2019, please see the codification segue page.

NOTE TO RULEFILING AGENCIES: Use the RTF version for submitting rule changes.


R251. Corrections, Administration.

Rule R251-104. Declaratory Orders.

As in effect on August 1, 2019

Table of Contents

R251-104-1. Purpose.

As required by Section 63G-4-503, UCA, the purpose of this rule is to define policy, procedures and requirements governing the submission, review, and disposition of petitions for declaratory orders determining the applicability of statutes, rules, and orders within the jurisdiction of the Department.

R251-104-2. Authority.

This rule is required by Title 63G, Chapter 4, the Utah Administrative Procedures Act, and is enacted under the authority of Sections 63G-4-503, 63G-3-201, and 64-13-10 of the Utah Code.

R251-104-3. Definitions.

"Applicability" means whether a statute, rule or order should be applied to a given circumstance, and if so, how the statute, rule or order should be applied.

"Declaratory order" means an administrative interpretation or explanation of rights, status and other legal relations under a statute, rule or order.

"Department" means Utah Department of Corrections.

R251-104-4. Policy.

It is the policy of the Department that:

(1) any interested person may petition the Department for a declaratory order regarding statutes, orders, and rules which pertain to the jurisdiction of the Department;

(2) the Department shall provide forms, content and filing instructions to any person wishing to submit a petition for a declaratory order;

(3) the Department shall not review a petition for a declaratory order that is:

(a) not within the jurisdiction of the agency;

(b) irrelevant or immaterial; or

(c) otherwise excluded by state or federal law;

(4) the Department shall not review the petition if the person requesting the declaratory order has participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request;

(5) the petition shall be reviewed and a declaratory order or progress report shall be issued by the Executive Director/designee within 30 days of receipt of the request;

(6) unless the petitioner and the Department agree in writing to an extension, or if the Department has not issued a declaratory order within 60 days after the receipt of the request for the declaratory order, the petition is to be considered as having been denied; and

(7) a declaratory order issued has the same status and binding effect as any other order issued in an adjudicative proceeding.

KEY

corrections, right of petition, appellate procedures

Date of Enactment or Last Substantive Amendment

1993

Notice of Continuation

October 13, 2015

Authorizing, Implemented, or Interpreted Law

63-46b-21


Additional Information

Contact

For questions regarding the content or application of rules under Title R251, please contact the promulgating agency (Corrections, Administration). A list of agencies with links to their homepages is available at http://www.utah.gov/government/agencylist.html or from http://www.rules.utah.gov/contact/agencycontacts.htm.