Rules of Practice and Procedure 04-25-13

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The Commission may, in its discretion, order that a hearing be held on a declaratory ruling petition. Any petitioner or party in interest who desires a hearing on a petition for a declaratory ruling shall submit a written request for a hearing, setting forth in the request the reasons why the matters alleged in the petition and the supporting material submitted will not permit the fair and expeditious disposition of the petition and,to the extent that such request for a hearing is dependent upon factual assertion, shall attach to the request an affidavit establishing such facts. In the event a hearing is ordered by the Commission,the hearing shall be conducted in accordance with Parts 3 and 4 of these rules. 6-3 Declaratory Ruling on Commission's Own Motion. The Commission may, on its own motion or upon request but without notice or hearing, issue a declaratory order to terminate a controversy or to remove uncertainty. 6-4 Refusal to Issue Declaratory Order. The Commission may for good cause refuse to issue a declaratory order where: (1) The question is speculative or purely hypothetical and does not involve existing facts or facts that can be expected to exist in the near future; (2) The petitioner's interest is not of the type that would give the petitioner standing to maintain an action if the petitioner were to seek judicial relief; (3) The issuance of the declaratory order may affect the interests of the Commission in litigation that is pending or may reasonably be expected to arise; or (4) The matter is not within the jurisdiction of the Commission. 6-5 Status of Orders. An order disposing of a petition shall have the same status as other Commission orders. An order shall be applicable only to the factual situation described in the petition or set forth in the order. An order shall not be applicable to different factual situations or where additional facts not considered in the order exist. PART 7. APPEALS 7-1 Scope. This part governs the general procedure relating to appeals from the decisions of the Director relating to the Refuse and Sewer chapters of the Code. 7-2 Standing to Appeal. Any person aggrieved by the decision of the Director in the administration or application of the Refuse and Sewer chapters of the Code or in other cases where no direct appeal to court is provided for by statute, Code or Rule,may appeal the decision to the Commission. 7-21