20-12-03 (Existing) Rules of Practice and Procedure of the Department of Environmental Management

Home

I 4-2. Submission of Petition. The: original petition and two (2) copies shall be submittel to the Department. The petition shall contain: (a) The name, address, telephone number, and signature of each peititioner; (b) A statement of the nature of petitioner"s interest in the subject matte including reasons for submitting the petition; I (c) A designation of the specific provision, rule or.order in question, together with a statement of the controversy or uncertainty involved; (d) A complete statement of facts; (e) A statement of the petitioner's position or contention; anE (f) A memorandum of authorities, containing a full discussion of the reasons and any legal authorities in support of such position or contention. 4-3. Dismissal of Petition. The Director may, without notice or hearing, dismiss a petition for declaratory ruling which does not conform to the requirements in Section 4.02 of these rules. 4-4. Refusal to Issue Declaratory Order. The Director may for good cause refuse to issue a declaratory order where: (a) The question is speculative or purely hypothetical and does not involve existing fa�ct or facts which can reasonably be expected to exist in the near future; (b) The petitioner's interest is not of the type which would give the petitioner standing to maintain an action if seeking judicial rel�ief; (c) The issuance of the declaratory order may adversely affect the interests of th County, the Department, or any of its officers or employees in any litigation which is pending or may reasonably be expected, to arise; or I (d) The matter is, not within t�he Department's jurisdiction. 4-5. Referral to Other Agencies. Where any question of law is involved, the Director may refer the matter to the corporation counsel. The Director -may also obtain the assistance of *ther departments or agencies where necessary or desirable. 4-6i. Notification of Petitioner. The pet�itioner shall be promptly informed by the Director of the disposition of the petition. V