DEPARTMENT OF COMMUNITY HEALTH

HEALTH POLICY, REGULATION & PROFESSIONS ADMINISTRATION

REQUESTS FOR DECLARATORY RULING

(By authority conferred on the department of community health by section 63 of 1969 PA

306, MCL 24.263 and Executive Reorganization Order No. 1996-1, MCL 330.3101)

R 325.1211 Requests for 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

community health, hereinafter referred to as the "department":

(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.

(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.

(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 to all 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 2 copies of all relevant documents as attachments to the

request.

(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:

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Figure 1 - Declaratory Ruling Form

Department of Community Health Request for Declaratory Ruling

Applicant’s full name:

Applicant’s degree or title (if applicable):

Applicant’s mailing address:

Professional/occupational license 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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Date:

Signature:

(3) Before determining whether or not to issue a declaratory ruling, the agency, 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 a declaratory ruling will be issued.

(5) If the agency determines 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 may do 1 or more of the

following:

(a) Request submission by the applicant of any additional information deemed necessary.

(b) Seek consultation, comments, or advice from legal counsel, experts within or outside

the agency, local, state, or federal governmental agencies, or any other source.

(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) The agency may deny a request for declaratory ruling if the applicant fails to follow

the procedure for submission 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 applicant.

(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.

(b) The legal authority upon which it is based.

(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.

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