HOME    SEARCH    ABOUT US    CONTACT US    HELP   
           
This is an obsolete version of the rule. Please click on the rule number to view the current version.

24.26.216    DECLARATORY RULINGS

(1) On petition of any interested person, the board may, in its discretion, issue a declaratory ruling with respect to the applicability of any statement of facts to any rule or statute enforceable by the board.

(2) The petition to institute proceedings for a declaratory ruling shall contain:

(a) the rule or statute upon which petitioner seeks a declaratory ruling;

(b) a detailed statement of the facts upon which petitioner requests the board to issue a declaratory ruling;

(c) sufficient facts to show that petitioner will be affected by the requested declaratory ruling;

(d) all propositions of law or contentions to be asserted by petitioner;

(e) the questions presented for decision by the board;

(f) the specific relief requested; and

(g) the name and address of petitioner and of any other person known by petitioner to be interested in the requested declaratory ruling.

(3) The board shall, within 60 days after the petition is filed, notify the petitioner and any other person known by the petitioner to be interested in the requested declaratory ruling whether the board will issue a ruling. The board will generally not issue a declaratory ruling concerning a matter that is the subject of an unfair labor practice case or that, in the judgment of the board, would be more appropriately considered through a contested case proceeding. If the board decides to issue a ruling, it shall serve all parties named in the petition by mailing:

(a) a copy of the petition; and

(b) a notice of the time and place of hearing at which the petition will be considered.

(4) After a hearing is held the board shall issue its declaratory ruling within 60 days of the close of the hearing or, where briefs are filed subsequent to the hearing, within 60 days of the close of the hearing.

History: 2-4-201, MCA; IMP, 2-4-201, MCA; NEW, 1993 MAR p. 3026, Eff. 1/1/94.

Home  |   Search  |   About Us  |   Contact Us  |   Help  |   Disclaimer  |   Privacy & Security