R30. Administrative Services, Inspector General of Medicaid Services (Office of).
R30-3. Declaratory Orders.
The purpose of this rule is to describe the procedures the office shall follow in declaratory proceedings.
This rule is authorized by Section 63A-13-602 and Section 63G-4-503.
(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.
(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