Iowa Admin. Code r. 761-12.5

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 761-12.5 - Effect of a declaratory order

A declaratory order has the same status and binding effect as a final order issued in a contested case proceeding. It is binding on the department and the petitioner and is applicable only in circumstances where the relevant facts and the law involved are indistinguishable from those on which the order was based. As to all other persons, a declaratory order serves only as precedent and is not binding on the department. The issuance of a declaratory order constitutes final agency action on the petition.