Mich. Admin. Code R. 340.1352

Current through Vol. 24-22, December 15, 2024

Section R. 340.1352 - Request for declaratory ruling

Rule 2.

(1) An interested person may request that the superintendent issue a declaratory ruling on how a statute administered by the department or a rule or order of the department applies to an actual state of facts.

(2) A request for a declaratory ruling must be submitted by email to MDE-SuperintendentAppeals@michigan.gov or by mail to Office of the Superintendent, Department of Education, P.O. Box 30008, Lansing, Michigan 48933. The request must contain all of the following:

(a) A clear and concise statement of the actual state of facts on which a ruling would be based.

(b) A precise statement of the legal question or issue involved.

(c) The legal authority of the department for administering the statute, rule, or order.

(d) The signature, address, email address, and telephone number of the person making the request.

(3) Along with the request, the person may submit a brief of the legal authority on which the person believes the superintendent should base the declaratory ruling.

(4) The superintendent may require that the person making the request provide a copy of the request to a person known by the person making the request to have an interest in the matter.

(5) Not more than 60 calendar days after receiving a request for a declaratory ruling, the superintendent shall notify the person that made the request and interested parties described in this rule if the request is granted or denied by the superintendent.

(6) If the superintendent denies the request, the superintendent shall send by email or mail a concise written statement of the reasons for denial to the person that made the request and interested parties described in this rule.

(7) If the superintendent grants the request, the superintendent shall send by email or mail a declaratory ruling to the person who made the request and interested parties described in this rule, which must include all of the following:

(a) The actual state of facts on which the superintendent based the ruling.

(b) The conclusions of law and the legal authority on which the superintendent relied for the ruling.

(c) The ruling.

Mich. Admin. Code R. 340.1352

1981 AACS; 2016 AACS; 2024 MR 21, Eff. 11/6/2024