Laserfiche WebLink
8. A Party seeking judicial review of final agency action may apply to the State <br /> Engineer to postpone the implementation date of the action. The State Engineer, <br /> upon a finding that irreparable injury would otherwise result, shall postpone the <br /> implementation date of the agency action pending judicial review. Postponement <br /> of the implementation date of an agency action does not stay the time for seeking <br /> judicial review and does not constitute agency agreement to grant a hearing, <br /> rehearing, or reconsideration as provided for in these rules. § 24-4-106(5), <br /> Rule 11 Requests for Declaratory Orders <br /> A. Any person may petition the State Engineer for a declaratory order to terminate <br /> controversies or to remove uncertainties as to the applicability to the petitioner of any <br /> statutory provision or of any rule or order of the State Engineer. <br /> B. The State Engineer will, after consideration of the materials submitted, determine in <br /> his discretion whether to rule upon the merits of any such petition. <br /> determining whether to rule upon a petition it pursuant to his rule, the following <br /> matters will be considered among others: <br /> 1. Whether a ruling on the petition will terminate a controversy or remove <br /> uncertainties as to the applicability to petitioner of any rule or order of the State <br /> Engineer or any statutory provision. <br /> 2. Whether the petition involves any subject, question or issue which is the subject <br /> of a formal or informal matter or investigation currently pending before the State <br /> Engineer. <br /> 3. Whether the petition involves any subject, question or issue which is the subject <br /> of a formal or informal matter or investigation currently pending before the State <br /> Engineer or a court but not involving any petitioner. <br /> 4. Whether the petition seeks a ruling on a moot or hypothetical question or will <br /> result in an advisory ruling or opinion. <br /> 5. Whether the petitioner has some other adequate legal remedy, other than an <br /> action for declaratory relief pursuant to C.R.C.P. 57 or§ 13-51-101, et seq. <br /> C.R.S., which will terminate the controversy or remove any uncertainty as to the <br /> applicability to the petitioner of the statute, rule or order in question. <br /> D. Any petition it pursuant to this rule shall set forth the following: <br /> 1. The name and address of the petitioners; <br /> 2. The statute, rule or order to which the petition relates; and, <br /> 32 <br />