ISSUANCE OF DECLARATORY ORDER

008 ISSUANCE OF DECLARATORY ORDER. 008.01 The Department shall issue its order on the petition for declaratory relief within sixty (60) days of the date on which the petition was filed. 008.02 The order shall be in writing and shall include the following: 008.02A The names of all parties to the proceeding upon which the order is based; 008.02B The facts upon which the order is based; 008.02C The statute, rule, or order at issue in the matter; 008.02D The Department’s conclusion as to the applicability of the statute, rule, or order to the facts; 008.02E The Department’s conclusion as to the legal effect or result of applying the statute, rule, or order to the facts; and 008.02F The reasons relied upon by the Department to support its conclusions. 008.03 A copy of the order shall be served upon each party by certified mail, return receipt requested. 008.04 An order in a declaratory proceeding shall have the same status and binding effect as an order issued in a contested case. 008.05 If the Department has not issued an order on the petition for declaratory relief within sixty (60) days after the petition has been filed, the petition shall be deemed to have been denied by the Department.