DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES
(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.
(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.