R30. Administrative Services, Inspector General of Medicaid Services (Office of).

R30-3. Declaratory Orders.

R30-3-1. Purpose.

The purpose of this rule is to describe the procedures the office shall follow in declaratory proceedings.

R30-3-2. Authority.

This rule is authorized by Section 63A-13-602 and Section 63G-4-503.

R30-3-3. Definitions.

(1) Terms used in this rule are defined in Section 63A-13-102.

(2) In addition, "ALJ" means an impartial administrative law judge who has been appointed by the inspector general to conduct adjudicative proceedings according to these rules.

R30-3-4. Petition Form and Filing.

(1) A petition for a declaratory order shall be delivered to the office as provided by Subsection R30-2-6(3).

(2) The petition shall:

(a) be clearly designated as a request for declaratory order;

(b) identify the statute, rule or order to be reviewed;

(c) describe in detail the situation or circumstances to be reviewed;

(d) describe the reason or need for the review, addressing in particular, why the review should not be considered frivolous;

(e) include an address and telephone where the petitioner can be contacted during regular business hours; and

(f) be signed by the petitioner.

R30-3-5. Reviewability.

(1) The agency may not issue a declaratory order if the subject matter is:

(a) excluded from review under Subsection 63G-4-503(3);

(b) not within the jurisdiction and expertise of the agency;

(c) frivolous, trivial, irrelevant or immaterial; or

(d) otherwise excluded by state and federal law.

R30-3-6. Petition Review and Disposition.

(1) A petition for declaratory relief shall be referred to the ALJ for review and consideration.

(2) The ALJ may request input from the petitioner and the office prior to issuing a written order as provided in Subsection 63G-4-503(6).

KEY: Office of the Inspector General of Medicaid Services, declaratory orders

Date of Enactment or Last Substantive Amendment: June 1, 2018

Authorizing, and Implemented or Interpreted Law: 63A-13; 63G- 4-503