Current through Register Vol. XLI, No. 36, September 6, 2024
Section 64-1-13 - Declaratory Ruling - Procedures13.1. On petition of any interested person, the Commissioner may issue a declaratory ruling with respect to the applicability to any person, property or state of facts of any rule, regulation or statute enforceable by the bureau.13.2. Any interested person shall petition the Commissioner in writing, succinctly stating the issues upon which the declaratory ruling is requested.13.3. Upon receipt of such petition, the Commissioner may cause a hearing to be held for the presentation of arguments and evidence within thirty (30) days of receipt of such petition. The Commissioner shall notify the parties thereto and set a time, a place, and a date for such hearing.13.4. A declaratory ruling issued after argument and stated to be binding shall be binding between the bureau for public health and the petitioner on the state of facts alleged, unless altered or set aside by a court in accordance with W. Va. Code § 29A-1-2. Furthermore, such declaratory ruling shall not be binding on any other person.13.5. A declaratory ruling issued upon petition, proper notice and argument shall not preclude the petitioner from seeking a contested case hearing in accordance with the provisions of these Rules of Procedure for Contested Case Hearings and Declaratory Rulings. Such declaratory ruling shall serve only to explain or to elucidate the applicability to any person, property, or state of facts or any rule or statute enforceable by the bureau for public health.