Section 312IAC3-1-15. Quasi-declaratory judgments

   (a) A person may, in writing, request the department to interpret a statute or rule administered by the department as applicable to a specific factual circumstance. The request must:

(1) describe with reasonable particularity all relevant facts;

(2) cite with specificity the statutory or rule sections in issue;

(3) identify any other person who may be affected by a determination of the request; and

(4) describe the relief sought.

  (b) The director, the director's delegate, or the state historic preservation review board (for an action controlled by IC 14-21-1) may, within forty-five (45) days, provide a written response to the request. The response may set forth an interpretation based upon the information provided in the request or may specify additional information needed to respond to the request. If additional information is specified, an additional forty-five (45) days is provided to the department in which to respond.

  (c) If the department does not respond within the periods described in subsection (b), a general denial of the request is deemed to have resulted.

  (d) If the person seeking the request under subsection (a) is aggrieved by the response of the department under subsection (b) or a general denial under subsection (c), that person may file a petition for administrative review under IC 4-21.5-3. The response constitutes a determination of status under IC 4-21.5-3-5(a)(5).

  (e) This section does not excuse a person from a requirement to exhaust another administrative remedy provided by statute or rule. A person may not under this section void or modify a final order entered by the department in another proceeding. A request under this section does not toll or extend any time limitation imposed on the availability of another administrative remedy. A final order of the department under this section, which follows a contested proceeding under IC 4-21.5-3, provides the same precedent as a final order following any other contested proceeding under IC 4-21.5-3. (Natural Resources Commission; 312 IAC 3-1-15; filed Feb 5, 1996, 4:00 p.m.: 19 IR 1322; readopted filed Oct 2, 2002, 9:10 a.m.: 26 IR 546; readopted filed Jul 21, 2008, 12:16 p.m.: 20080813-IR-312080052RFA; readopted filed May 20, 2014, 9:48 a.m.: 20140618-IR-312140027RFA)