(By authority conferred on the director of the department of consumer and industry  
services by section 63 of 1969 PA 306, MCL 24.263, and Executive Reorganization  
Order No. 1996-2, MCL 445.2001)  
R 338.81 Declaratory rulings.  
Rule 1. (1) The following provisions set forth the form and procedure for the  
submission, consideration, and disposition of a request for declaratory ruling in the  
Department of Consumer and Industry Services, hereinafter referred to as the  
(a) Any interested person, hereinafter referred to as "applicant," may request a  
declaratory ruling as to the applicability to an actual state of facts of a statute, rule, final  
order or decision administered, promulgated, or issued by any bureau, office,  
commission, council, board, or agency, hereinafter referred to as "agency," within the  
department. A request shall not relate to a hypothetical fact situation. An applicant shall  
observe the following procedure:  
(b) An applicant shall submit an original and 1 copy of each request on a form  
similar to figure 1, or in writing, on 8 ½ by 11-inch paper. An applicant shall submit  
the request by mail or personal delivery to the current office of the director of the  
agency. An applicant shall not submit a request by facsimile or electronic means.  
(c) The request shall contain all of the following information:  
(i) Under a section labeled "Statement of Facts," a complete, accurate, and concise  
statement of the facts or situation upon which the request is based, which shall include  
all facts known to the applicant that are or may be relevant to a determination of the  
applicability of a statute, rule, final order, or decision.  
(ii) Under a section labeled "Certification," a certification by the applicant as to the  
existence of the actual state of facts set forth and the submission of all relevant facts  
known to the applicant.  
(iii) Under a section labeled "Laws/Rules/Orders," specific reference  
statutes, rules, final decisions, or orders that are to be considered.  
to all  
(iv) Under a section labeled "Issues," a concise statement of the issues presented.  
(v) Under a section labeled "Analysis and Conclusions," an analysis, legal brief,  
or memorandum of the issues presented, including reference to any legal authority  
relied upon, and the applicant's conclusions.  
(vi) The applicant's full name, degree or title, if applicable, professional or  
occupational license number, if applicable, daytime telephone number, mailing address  
and identification of any legal counsel.  
(d) An applicant shall submit two copies of all relevant documents  
attachments to the request.  
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(e) Failure to follow the procedure in subdivisions (a) to (d) of this subrule may  
result in the return of the request for compliance or in denial as specified in subrule (8)  
of this rule.  
(2) Figure 1 reads as follows:  
Figure 1: Request for Declaratory Ruling  
Department of Consumer and Industry Services  
Request for Declaratory Ruling  
Applicants full name:  
Applicant s degree or title (if applicable):  
Applicant ’s full name:  
Professional/occupational lice nse  
no. (if applicable):  
Daytime telephone no.:  
Name and address of legal counsel (if applicable):  
Statement of facts: (Please provide a complete, accurate and concise statement of the facts or situation upon which  
the request is based. The statement shall include all facts known to you which are or may be relevant to a  
determination of the applicability of statute, rule, final order or decision.)  
Laws /Rules /Orders: (Please provide references to all statutes, rules, final decisions or  
orders which are to be considered.)  
Issues: (Please provide a concise statement of the issues presented.)  
Analysis and Conclusions: (Please provide an analysis, legal brief or memorandum of the issues  
presented, including reference to any legal authority relied upon , and the applicant ’s conclusions.)  
Certification : I hereby certify the existence of the actual state of facts set forth and the submission  
of all relevant facts known to me:  
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(3) Before determining whether or not to issue a declaratory ruling, the agency, in  
its discretion, may receive comments, written or oral arguments, or information from  
interested persons, legal counsel, or any other source.  
(4) Within 60 calendar days of the receipt of the request, the agency shall issue a  
written notification by regular first-class mail to the applicant and the applicant's  
legal counsel, if any, stating whether or not a declaratory ruling will be issued.  
(5) If the agency has determined that it will issue a declaratory ruling, then it shall  
do so within 90 calendar days of the notification date specified in subrule (4) of  
this rule, unless the agency advises the applicant, in writing, of the need for additional  
time, stating the reasons therefor.  
(6) Before the issuance of the declaratory ruling, the agency in its discretion  
may choose to do 1 or more of the following:  
(a) Request submission by the applicant of any additional information deemed  
(b) Seek consultation, comments, or advice from legal counsel, experts within or  
outside the agency, local, state, or federal governmental agencies, or any other  
(c) Request information or comments from other interested parties.  
(d) Request oral or written arguments from interested parties.  
(e) Hold a public hearing upon proper notice to all interested parties.  
(7) The agency may require that a contested case proceeding take place instead of  
issuing a declaratory ruling.  
(8) In the discretion of the agency, a request for declaratory ruling may be denied if  
the applicant fails to follow the procedure for submission set forth in this rule, if the  
statement of facts is incomplete or inaccurate, if the facts or circumstances relate to a  
changing situation, if the ruling would not be in the public interest or in  
furtherance of statutory objectives, or for any other stated reason. The agency shall set  
forth the reason or reasons for denial of the request in its written notification to the  
(9) If a declaratory ruling is issued by the agency, it shall be in writing, mailed  
by regular first-class mail to the mailing address supplied by the applicant and to the  
applicant's identified legal counsel, if any, and contain all of the following:  
(a) The specific facts upon which it is based.  
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(b) The legal authority upon which it is based.  
(c) The ruling itself.  
(d) A statement that the ruling is limited to the specific facts presented and to  
the statute, rule, final decision, or order identified by the applicant or other statute, rule,  
final decision, or order identified by the agency.  
(e) A statement that the ruling is binding on the agency and the applicant  
unless it is altered or set aside by any court.  
(f) A statement that the agency may not retroactively change the ruling, but may  
prospectively do so in its discretion.  
(g) A statement that the ruling is subject to judicial review in the same manner as  
an agency final decision or order in a contested case.  
(10) This rule does not prohibit or restrict any interested person from informally  
discussing any actual or proposed activity with any agency. Informal discussions are  
not subject to the rule.  
History: 2001 AACS.  
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