(6) (a) After receipt of a petition for a declaratory order, the agency may issue a written order: (i) declaring the applicability of the statute, rule, or order in question to the specified circumstances; (ii) setting the matter for adjudicative proceedings; (iii) agreeing to issue a declaratory order within a specified time; or (iv) declining to issue a declaratory order and stating the reasons for its action. (b) A declaratory order shall contain: (i) the names of all parties to the proceeding on which it is based; (ii) the particular facts on which it is based; and (iii) the reasons for its conclusion. (c) A copy of all orders issued in response to a request for a declaratory proceeding shall be mailed promptly to the petitioner and any other parties. (d) A declaratory order has the same status and binding effect as any other order issued in an adjudicative proceeding. (7) Unless the petitioner and the agency agree in writing to an extension, if an agency has not issued a declaratory order within 60 days after receipt of the petition for a declaratory order, the petition is denied. Renumbered and Amended by Chapter 382, 2008 General Session
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