201 Kar 20:460. Declaratory Rulings

Link to law: http://www.lrc.ky.gov/kar/201/020/460.htm
Published: 2015

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      201 KAR 20:460. Declaratory

rulings.

 

      RELATES TO: KRS 314.105, 314.131(2)

      STATUTORY AUTHORITY: KRS 314.105(4)

      NECESSITY, FUNCTION, AND CONFORMITY:

KRS 314.131(2) and 314.105(1) authorize the board to issue declaratory rulings.

KRS 314.105(4) authorizes the board to promulgate an administrative regulation

or procedures for submission, consideration, and disposition of a petition for

a declaratory ruling. This administrative regulation establishes those

procedures.

 

      Section 1. Definitions. (1)

"Board" means the board of nursing.

      (2) "Declaratory ruling"

means a ruling by the board that addresses a question properly submitted to the

board for consideration.

      (3) "Person" means an

individual, an agency, association, corporation, or any other entity.

 

      Section 2. Form of Petition. (1) Any

person may file a petition with the Board of Nursing for a declaratory ruling

pursuant to KRS 314.105.

      (2) The petition shall be signed by

one (1) or more persons, with each signer’s mailing address and telephone

number, and if available, fax number and email address, clearly indicated. If a

person signs on behalf of a corporation or association, that fact shall also be

indicated. The signer shall date the petition.

      (3) The petition shall contain:

      (a) A clear and concise statement of

all relevant facts on which the ruling is requested;

      (b) A citation and the relevant

language of the specific statutes, administrative regulations, decisions,

orders, or other written statements of law or policy whose applicability is

questioned, and any other relevant law;

      (c) The questions petitioner wants

answered, stated clearly and concisely;

      (d) The petitioner’s desired answers

to the questions and a summary of the rationale supporting the desired answers;

      (e) Any supportive documentation or

research; and

      (f) A statement indicating whether

the petitioner is currently a party to another proceeding involving the

questions at issue and whether, to the petitioner’s knowledge, those questions

have been decided by, are pending determination by, or are under investigation

by, any governmental entity.

 

      Section 3. Consideration. (1) The

board may schedule an informal meeting between the petitioner, any interested

persons, and the board, a member of the board, or a member of the staff of the

board, to discuss the question raised.

      (2) In rendering its ruling, the

board shall:

      (a) Consider all materials submitted

with the petition;

      (b) Consider any relevant document,

data, or other material; and

      (c) Consider comments from the

board’s staff.

      (3) The board may:

      (a) Consult experts or other

individuals as it deems necessary; and

      (b) Require argument of the question

or permit the introduction of evidence.

 

      Section 4. Issuance of Ruling or

Refusal to Issue Ruling. (1) The board shall issue a declaratory ruling in

response to the petition, unless one (1) of the provisions of subsection (2) of

this section applies.

      (2) The board shall not issue a

declaratory ruling if one (1) of the following reasons applies:

      (a) The board does not have jurisdiction

over the questions presented in the petition;

      (b) The questions presented by the

petition are also presented in a disciplinary case, or other board or judicial

proceeding that may definitively decide them;

      (c) The questions presented by the

petition would more properly be resolved in a different type of proceeding;

      (d) The facts or questions presented

in the petition are unclear, overbroad, insufficient, or otherwise

inappropriate as a basis upon which to issue a ruling;

      (e) There is no need to issue a

ruling because the questions raised in the petition have been settled due to a

change in circumstances;

      (f) The petitioner requests the board

to determine whether a statute is unconstitutional; or

      (g) The board concludes that a ruling

would not be in the public interest. (27 Ky.R. 2605; Am. 3080; eff. 6-8-2001.)