Section R. 400.951 - Declaratory rulingsRule 51.
(1) Upon receipt of a written request specifically asking that a declaratory ruling be issued by the department from an interested person or the agent of an interested person, as defined in section 5 of Act No. 306 of the Public Acts of 1969, as amended, being S24.205 of the Michigan Compiled Laws, the department director or person specifically delegated by the department director may issue a declaratory ruling as to the applicability to an actual state of facts of a statute administered by the department or of a rule or order of the department.(2) A request for a declaratory ruling shall contain all of the following information: (a) A clear, concise, and complete statement of the actual state of facts upon which a requested ruling is to be based.(b) The statute, rule, or order involved.(c) A precise statement of the legal question or issue asked.(d) The signature of the interested person making the request.(3) The requester may submit with the request a brief or other reference to legal authorities upon which the person believes the declaratory ruling should be based.(4) The request may be declined in any of the following situations: (a) The subject matter of a request is frivolous on its face.(b) The statement of actual facts or issues contained in a request is indefinite, incomplete, or lacks specificity.(c) The same, or substantially the same, actual state of facts or issue of law is under investigation or is, or has been, the subject of a current action, order, judgment, or decree initiated, pending against, or obtained by the department, the attorney general, or a prosecuting attorney.(5) If a department declines to issue a declaratory ruling, the interested person making the request shall be given notice, in writing, within 45 working days of receipt of the request. The denial shall include the facts upon which the denial has been made.(6) If the department issues a declaratory ruling, it will be issued within 60 working days and shall contain all of the following:(a) A statement or findings of fact.(b) Conclusions of law supported by legal authority or reasoned opinion.(c) The ruling or determination made.Mich. Admin. Code R. 400.951