Section 18-1003. DECLARATORY ORDERS

 

1003.1Any person in interest may petition the Director for a declaratory order with respect to the applicability of any rule, order, or statute enforced or administered by the Director, to remove any uncertainty or ambiguity in the application of the rule, order, or statute, or to terminate a controversy in any case in which a hearing is not required by law for its disposition.

 

1003.2Two (2) or more persons similarly situated may join in a single petition and additional parties may intervene by petition.

 

1003.3Upon receipt of a petition, the Director may refer the petition to the Chief Examiner with a request for a written report on the advisability of any action to be taken.

 

1003.4The Chief Examiner shall submit his or her report as soon thereafter as possible with recommendations and a proposed order, if recommended.

 

1003.5If the Director determines that the petition discloses sufficient reasons in support of the prayers therein to justify a declaratory order, the Director shall submit the proposed declaratory order, or a modification of the declaratory order, accompanied by the findings of fact upon which the recommended order is based, to the Corporation Counsel for approval.

 

1003.6If the Director finds that the petition involves a hypothetical or moot question; or that petitioner has no interest within the meaning of the Administrative Procedure Act in that the legal rights, duties, or privileges of such petitioner will not be substantially affected by the granting or denial of the order prayed for; or that petitioner does not intend to pursue a stated course of action in the event of a favorable order by the Director; or on other grounds deemed sufficient by the Director, such petition will be dismissed with notice to petitioner stating the grounds for the dismissal.

 

1003.7The Director may order a hearing to be held prior to or after submission of the report by the Chief Examiner described in § 1003.4.

 

1003.8If recommended in a case pending before the Corporation Counsel, a hearing shall be held to determine any material facts not in the record but deemed necessary by the Corporation Counsel for a decision.

 

1003.9Hearings shall be held in the manner prescribed in this chapter insofar as such procedures are applicable.

 

1003.10The Examiner to whom the proceeding has been assigned shall report findings of fact and, where applicable, conclusions of law in his or her report.

 

1003.11The Director shall file with the Mayor any declaratory order approved by the Corporation Counsel, and a copy of the order shall be delivered to any petitioner whose name appears in the record.