25 CAR Part 10 — Rules for Declaratory Orders

Chapter IV

Subchapter A

Subpart 1

25 CAR § 10-101 Definition {#sec-25-car-10-101 omnilex-key=us-ar-regs-official--title-25-part-10--25 CAR § 10-101}

25 CAR § 10-101. Definition.

As used in this part, “declaratory order” means a manner of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the agency has authority.

25 CAR § 10-102 Purpose and use of declaratory orders {#sec-25-car-10-102 omnilex-key=us-ar-regs-official--title-25-part-10--25 CAR § 10-102}

25 CAR § 10-102. Purpose and use of declaratory orders.

(a) A petition for declaratory order may be used only to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner’s particular circumstances.

(b) A declaratory order is not the appropriate means for:

(1) Determining the conduct of another person; or

(2) Obtaining a policy statement of general applicability from an agency.

(c) A petition or declaratory order must describe the potential impact of statutes, rules, or orders upon the petitioner’s interests.

25 CAR § 10-103 Filing a petition for declaratory orders {#sec-25-car-10-103 omnilex-key=us-ar-regs-official--title-25-part-10--25 CAR § 10-103}

25 CAR § 10-103. Filing a petition for declaratory orders.

The process to obtain a declaratory order is begun by filing with the Department of Health’s Office of General Counsel a petition that provides the following information:

(1) The name, address, telephone number, and facsimile number of the petitioner;

(2) The name, address, telephone number, and facsimile number of the attorney of the petitioner;

(3) The statutory provision or provisions, agency rule or rules, or agency order or orders on which the declaratory order is sought;

(4) A description of how the statutes, rules, or orders may substantially affect the petitioner and the petitioner’s particular set of circumstances, and the question or issue on which petitioner seeks a declaratory order;

(5) The signature of the petitioner or petitioner’s attorney;

(6) The date; and

(7) Request for a hearing, if desired.

25 CAR § 10-104 Department of Health disposition {#sec-25-car-10-104 omnilex-key=us-ar-regs-official--title-25-part-10--25 CAR § 10-104}

25 CAR § 10-104. Department of Health disposition.

(a) The Department of Health may hold a hearing to consider a petition for declaratory order.

(b) If a hearing is held, it shall be conducted in accordance with:

(1) Arkansas Code §§ 25-15-208 and 25-15-213; and

(2) The department’s rules for adjudicatory hearings.

(c) The department may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts.

(d) Within ninety (90) days of the filing of the petition, the department will render a final order denying the petition or issuing a declaratory order.