(a) Pursuant to section 204 of the State Administrative Procedure Act, persons may petition the office for a declaratory ruling on the applicability of any regulation or statute enforceable by the office. The office may issue a declaratory ruling with respect to:

(b) Procedure. Petitions must be in writing and addressed to Counsel, New York State Office of Alcoholism and Substance Abuse, 1450 Western Avenue, Albany, NY 12203, by certified mail, return receipt requested. Petitions must contain the following:

(c) Ruling. Counsel shall issue and mail to petitioner, certified mail, return receipt requested, a declaratory ruling within 60 days of the receipt of a completed petition, or a statement declining to issue a declaratory ruling. Rulings shall be available for public inspection at the office.

(d) Conditions. No correspondence or opinion issued by the office shall be construed as a declaratory ruling unless it is identified as a declaratory ruling and is issued in response to a petition pursuant to this section.

(e) Nothing in this section shall be construed to prohibit the determination of the validity or applicability of the regulation in any other action or proceeding in which its invalidity or inapplicability is asserted, and nothing in this section shall be construed to limit any rights which may exist under article 78 of the Civil Practice Law and Rules.