BLAIR LEE III, Acting Governor                         1983

RULE.

(B)    THE COURT SHALL DECLARE THE RULE INVALID IF IT
FINDS THAT IT VIOLATES CONSTITUTIONAL PROVISIONS OR EXCEEDS
THE STATUTORY AUTHORITY OF THE AGENCY OR WAS ADOPTED WITHOUT
COMPLIANCE WITH STATUTORY RULE MAKING PROCEDURES.

(C)    THE PROVISIONS OF A RULE ARE SEVERABLE UNLESS THE
RULE EXPRESSLY STATES THAT ITS PROVISIONS ARE NOT SEVERABLE.
THE FINDING BY A COURT THAT A PROVISION OF A RULE IS VOID OR
UNENFORCEABLE DOES NOT AFFECT THE VALIDITY OF ANY OTHER
PROVISIONS OF THE RULE UNLESS THE COURT FINDS THE REMAINING
VALID PROVISIONS ALONE ARE INCOMPLETE AND INCAPABLE OF BEING
EXECUTED IN ACCORDANCE WITH THE REGULATORY INTENT.

238.

ON PETITION OF ANY INTERESTED PERSON OR CORPORATION,
ANY AGENCY MAY ISSUE A DECLARATORY RULING WITH RESPECT TO
THE APPLICABILITY TO ANY PERSON, CORPORATION, PROPERTY OR
STATE OF FACTS OF ANY RULE OR STATUTE ENFORCEABLE BY IT. A
DECLARATORY RULING, IF ISSUED AFTER ARGUMENT AND STATED TO
BE BINDING, IS BINDING BETWEEN THE AGENCY AND THE PETITIONEE
ON THE STATE OF FACTS ALLEGED, UNLESS IT IS ALTERED OR SET
ASIDE BY A COURT. SUCH A RULING IS SUBJECT TO REVIEW IN THE
CIRCUIT COURT OF THE AGENCY'S WASHINGTON COUNTY IN THE
MANNER PROVIDED FOR THE REVIEW OF DECISIONS IN CONTESTED
CASES. EACH AGENCY SHALL PRESCRIBE BY RULE THE FORM FOR
SUCH PETITIONS AND THE PROCEDURE FOR THEIR SUBMISSION,
CONSIDERATION, AND DISPOSITION.

239.

(A)    IN ANY CONTESTED CASE, ALL PARTIES SHALL BE
AFFORDED AN OPPORTUNITY FOR HEARING AFTER REASONABLE NOTICE.
THE NOTICE SHALL STATE THE TIME, PLACE AND ISSUES INVOLVED,
BUT IF, BY REASON OF THE NATURE OF THE PROCEEDING, THE
ISSUES CANNOT BE FULLY STATED IN ADVANCE OF THE HEARING, OR
IF SUBSEQUENT AMENDMENT OF THE ISSUES IS NECESSARY, THEY
SHALL BE FULLY STATED AS SOON AS PRACTICABLE, AND
OPPORTUNITY SHALL BE AFFORDED ALL PARTIES TO PRESENT
EVIDENCE AND ARGUMENT WITH RESPECT THERETO.

(B)    THE AGENCY SHALL PREPARE AN OFFICIAL RECORD,
WHICH SHALL INCLUDE TESTIMONY AND EXHIBITS, IN EACH
CONTESTED CASE, BUT IT SHALL NOT BE NECESSARY TO TRANSCRIBE
SHORTHAND NOTES UNLESS REQUESTED FOR PURPOSES OF REHEARING
OR COURT REVIEW.

(C)    INFORMAL DISPOSITION MAY ALSO BE MADE OF ANY
CONTESTED CASE BY STIPULATION, AGREED SETTLEMENT, CONSENT
ORDER, OR DEFAULT.

(D)    EACH AGENCY SHALL ADOPT APPROPRIATE RULES OF
PROCEDURE FOR NOTICE AND HEARING IN CONTESTED CASES.

240.