Laserfiche WebLink
I.Ia <br />24-4-105(11) 1.14 DECLARATORY ORDERS (C.R.S. 1973, 24-4-105) <br />(1) A'ny person having an interest which is or may be <br />adversely affected or person with a valid legal interest, as <br />defined in Rule 1.04 (92) and (93), may petition the Board <br />for declaratory order to terminate controversies or to remove <br />uncertainties as to the applicability to the petitioner of <br />any statutory provision or of any rule or order of the Board. <br />(2) The petition must be submitted, at a minimum, 10 days <br />prior to the Board meeting at which it is to be considered. <br />At the regularly scheduled Board meeting, the Board will <br />determine in its discretion and without notice to petitioner, <br />whether to rule upon any such petition. If the Board <br />determines that it will not rule upon such a petition, the <br />Board shall promptly notify the petitioner of its action and <br />state the reasons for such action. <br />(3) In determining whether to rule upon a petition filed <br />pursuant to this rule, the Board will consider the following <br />matters, among others: <br />(a) Whether a ruling on the petition will terminate a <br />controversy or remove uncertainties as to the applicability <br />to petitioner of any statutory provision or rule or order of <br />the Board. <br />(b) Whether the petition involves any subject, question <br />or issue which is the subject of a formal or informal matter <br />or investigation currently pending before the Board or a <br />court involving one or more of the petitioners. <br />(c) Whether the petition involves any subject, question <br />or issue which is the subject of a formal or informal matter <br />or investigation currently pending before the Board or a <br />court, but not involving any petitioner. <br />(d) Whether the petition seeks a ruling on a moot or <br />hypothetical question or will result in an advisory ruling or <br />opinion. <br />(e) Whether the petitioner has some other adequate <br />legal remedy, other than an action for declaratory relief <br />pursuant to Rule 57, Colo. R. Civ. P., which will terminate <br />the controversy or remove any uncertainty as to the <br />applicability to the petitioner of the statute, rule or order <br />in question. <br />(4) Any petition filed pursuant to this_,rule shall set <br />forth the following: <br />(a) The name and address of the petitioner and whether <br />the petitioner is a permittee pursuant to the Colorado <br />Surface Coal Mining Reclamation Act. <br />-40A- <br />