RULE 15. DECLARATORY RULINGS
A. Purpose. The Commission provides this format for rulings on the construction, validity, or applicability of any workers' compensation statute, rule, or order.
B. "Person" Defined.
The word "person" whenever used in this rule, shall be construed to mean any person, partnership, governmental agency or department, unincorporated association or society, or other corporation of any character whatsoever. Such a person shall be the petitioner in the proceeding.
C. Contents of Petition.
Whenever any person has an actual controversy over the construction, validity or applicability of a statute, rule, or order, that person may file a written petition with the Commission, subject to the following requirements:
1. The petitioner must expressly seek a declaratory ruling and must identify the statute, rule, or order on which a ruling is requested and state the issue or issues to be decided;
2. The petitioner must allege that an actual controversy exists over the construction, validity or applicability of the statute, rule, or order and must state with specificity the nature of the controversy;
3. The petitioner must have an interest which is directly affected by the statute, rule, or order in which a ruling is requested and must plainly state that interest in the petition; and
4. The petition shall be accompanied by a memorandum setting forth all relevant facts and law in support thereof.
D. Service on Parties.
The petitioner shall serve a copy of the petition on all other persons to the actual controversy at the time the petition is filed with the Commission. All persons so served shall be deemed parties to the declaratory ruling proceeding. A declaratory ruling shall not be binding on persons not made parties to the proceeding.
E. Time for Responses or Replies.
Within 14 days after service of a petition, any party served may file a written response thereto, stating with specificity the facts and the law on which the responding party relies. Within 10 days after service of the response, the petitioner may file a reply. The Commission may shorten or extend the time for filing a response or reply upon the filing of a motion and a 26 showing of good cause; made within the original time allowed. All such responses or replies shall be served on all other parties.
F. Disposition of Petition.
On receipt of a petition and after the time for filing all responses and replies has passed, the Commission may:
1. On motion of any party, or on its own motion, hold a hearing on the facts and/or law;
2. Conduct such investigation or inquiry as it deems proper, or call for a submission of such facts, evidence, or information as it deems necessary to enable it to make a determination of the issue or issues;
3. Issue a written ruling which shall have the force and effect of a final order or judgment; or
4. Decline to make a ruling when:
a. The Commission lacks jurisdiction over the issue or issues presented;
b. There is no actual controversy;
c. The petitioner would not be directly affected by a resolution of the issue presented;
d. The petitioner does not provide sufficient facts or other information on which the Commission may base a ruling;
e. The issue on which a determination is sought is or should be the subject of other administrative or civil litigation or appeal; or
f. It appears to the Commission that there is other good cause why a declaratory ruling should not be made.
COMMENTS: Subsection A provides a clear purpose for this rule. Requests for a declaratory ruling from a person who is not a party to an actual controversy shall proceed under the provisions of Idaho Code, Section § 67-5232, and be processed in accordance with the rules promulgated by the Idaho Attorney General at IDAPA 04.11.01.400-409.o Attorney General at IDAPA 04.11.01.400-409.