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006.28.1-VIII. Declaratory Orders

AR ADC 006.28.1-VIIIArkansas Administrative CodeEffective: January 19, 2023

West's Arkansas Administrative Code
Title 006. Department of Finance and Administration
Division 28. Medical Marijuana Commission
Rule 1. Rules and Regulations Governing the Application for, Issuance, and Renewal of Licenses for Medical Marijuana Cultivation Facilities, Dispensaries, and Processors in Arkansas
Effective: January 19, 2023
Ark. Admin. Code 006.28.1-VIII
006.28.1-VIII. Declaratory Orders
1. Purpose and Use of Declaratory Orders
A declaratory order is a means of resolving a controversy or answering questions or doubts concerning the applicability of statutory provisions, rules, or orders over which the agency has authority. A petition for declaratory order may be used only to resolve questions or doubts as to how the statutes, rules, or orders may apply to the petitioner's particular circumstances. A declaratory order is not the appropriate means for determining the conduct of another person or for obtaining a policy statement of general applicability from an agency. A petition or declaratory order must describe the potential impact of statutes, rules, or orders upon the petitioner's interests.
2. The Petition
The process to obtain a declaratory order is begun by filing with the MMC a petition that provides the following information:
a) The name, address, telephone number, and facsimile number of the petitioner;
b) The name, address, telephone number, and facsimile number of the attorney of the petitioner;
c) The statutory provision(s), agency rule(s), or agency order(s) on which the declaratory order is sought;
d) A description of how the statutes, rules, or orders may substantially affect the petitioner and the petitioner's particular set of circumstances, and the question or issue on which petitioner seeks a declaratory order;
e) The signature of the petitioner or petitioner's attorney;
f) The date; and
g) Request for a hearing, if desired.
3. Agency Disposition
a) The agency may hold a hearing to consider a petition for declaratory order. If a hearing is held, it shall be conducted in accordance with Ark. Code Ann. § 25-15-208 and § 25-15-213, and the agency's rules for adjudicatory hearings.
b) The agency may rely on the statements of fact set out in the petition without taking any position with regard to the validity of the facts. Within ninety (90) days of the filing of the petition, the agency will render a final order denying the petition or issuing a declaratory order.

Credits

Adopted Jan. 19, 2023.
Current with amendments received through January 15, 2024. Some sections may be more current, see credit for details.
Ark. Admin. Code 006.28.1-VIII, AR ADC 006.28.1-VIII
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