(1) Any person may file a request for agency action, requesting that the agency issue a declaratory order determining the applicability of a statute, rule, or order within the primary jurisdiction of the agency to specified circumstances. (2) Each agency shall issue rules that: (a) provide for the form, contents, and filing of petitions for declaratory orders; (b) provide for the disposition of the petitions; (c) define the classes of circumstances in which the agency will not issue a declaratory order; (d) are consistent with the public interest and with the general policy of this chapter; and (e) facilitate and encourage agency issuance of reliable advice. (3) (a) An agency may not issue a declaratory order if: (i) the request is one of a class of circumstances that the agency has by rule defined as being exempt from declaratory orders; or (ii) the person requesting the declaratory order participated in an adjudicative proceeding concerning the same issue within 12 months of the date of the present request. (b) An agency may issue a declaratory order that would substantially prejudice the rights of a person who would be a necessary party, only if that person consents in writing to the determination of the matter by a declaratory proceeding. (4) Persons may intervene in declaratory proceedings if: (a) they meet the requirements of Section 63G-4-207; and (b) they file timely petitions for intervention according to agency rules. (5) An agency may provide, by rule or order, that other provisions of Sections 63G-4-202 through
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