DEPARTMENT OF TRANSPORTATION

                 BUREAU OF URBAN AND PUBLIC TRANSPORTATION

                   COMPREHENSIVE TRANSPORTATION FUND


(By authority conferred on the department of transportation by  sections  10b 
and 10g of Act No. 51 of the Public Acts of 1951, as amended, and section  63 
of Act No. 306 of the Public Acts of  1969,  as  amended,  being  §§247.660b, 
247.660g, and 24.263 of the Michigan Compiled Laws)



                   PART 1.  GENERAL PROVISIONS

R  247.4101    Definitions.
  Rule 101. (1)  As used in these rules:
  (a) "Accessibility plan" means  the  vehicle  accessibility  plan  that  is 
required by the accessibility sections of the act.
  (b) "Accessible vehicles" means lift or ramp equipped vehicles.
  (c) "Act" means sections 10(1), 10b to 10e, 10g, 10h, 10j, 10n, 14(5),  and 
18b(4) of Act  No.  51  of  the  Public  Acts  of  1951,  as  amended,  being 
§§247.660(1), 247.660b to 247.660e, 247.660g, 247.660h,  247.660j,  247.660n, 
247.664(5), and 247.668b(4) of the Michigan Complied Laws.
  (d) "Applicant" means any 1 of the following:
  (i) A local public transportation provider, which is an eligible  authority 
or eligible governmental agency as defined by the act.
  (ii) An  intercity  passenger  carrier,  which  is  defined  as  a  person, 
corporation, or other entity that is authorized by federal law or pursuant to 
Act No. 432 of the Public Acts of 1982, as amended, being §474.101 et seq. of 
the Michigan Compiled Laws, to transport passengers for  hire  and  that  may 
also transport other items.
  (iii) A port authority as defined by Act No. 639  of  the  Public  Acts  of 
1978, as amended, being §120.101 et seq. of the Michigan Compiled Laws.
  (iv)  An  intercity  freight  carrier,  which  is  defined  as  a   person, 
corporation, or other entity identified in Act No. 295 of the Public Acts  of 
1976, as amended, being §474.51 et seq. of the Michigan Compiled  Laws,  that 
would establish, improve, or support facilities  or  services  for  intercity 
freight transportation purposes.
  (v) Other eligible entities included in the general functions of the  state 
transportation department section of the act.
  (e) "Application instructions" means the document which is  issued  by  the 
department  to  local   public   transportation   and   intercity   passenger 
transportation applicants and which describes the  information  an  applicant 
must submit to the department to  participate  in  the  state  transportation 
program in the following state fiscal year
  (f) "Commission" means the Michigan state transportation commission or  its 
successor.
  (g) "Department" means the Michigan department  of  transportation  or  its 
successor. 
  (h) "Director" means the director of the department  or  a  person  who  is 
designated to act as the director.   
  (i) "Expand" means to provide for new facilities or new services.
  (j) "FTA" means the United  States  department  of  transportation  federal 
transit administration or its successor.
  (k) "Improve" means to enhance existing facilities.
  (l)  "Local  public  transportation"  means   services,   facilities,   and 
equipment, including local bus service, water  vehicle  services,  and  local 
passenger rail services, and which are operated by an eligible  authority  or 
an eligible governmental agency as established in R 247.4103.
  (m) "Persons who have disabilities" means an individual who has a  physical 
or mental impairment that substantially limits one or more of the major  life 
activities of such individual, a record  of  such  an  impairment,  or  being 
regarded as having such an impairment.
  (n) "Port authority operating budget" means the expenses identified in  Act 
No. 639 of the Public Acts of 1978, as amended.
  (o) "Preserve" means to maintain the current status of existing facilities, 
excluding routine maintenance expenses.
  (p) "Project" means an activity which is funded or to be  funded  from  the 
comprehensive transportation fund or from the proceeds of bonds and which  is 
budgeted and managed as a separate entity.
  (q) "Public" means all persons, regardless of age, sex, color, race, creed, 
national origin, or persons who have disabilities.
  (r) "Public notice" means an advertisement that is placed  in  at  least  1 
newspaper of general circulation  which  serves  the  area  affected  by  the 
program.
  (s) "Recipient" means an applicant as defined in subdivision  (d)  of  this 
subrule.
  (t) "Rehabilitation" means the labor, equipment,  and  materials  that  are 
necessary to  repair  or  improve  and  extend  the  useful  life  of  public 
transportation   vehicles,   equipment,   or   facilities    for    specified 
rehabilitation projects.
  (2) The terms defined in the act have the same meanings when used in  these 
rules.

  History:  1998-2000 AACS.


R 247.4102      Local   public   transportation   and   intercity   passenger 
transportation financial assistance programs; submittal and approval process.
  Rule 102. (1)  The department shall make application instructions available 
to all  prospective  local  public  transportation  and  intercity  passenger 
transportation applicants and  other  interested  parties.   The  application 
instructions shall contain the items required by the act.
  (2) The department shall update the application instructions each year.
The  department  may  issue  amended  application  instructions  based   upon 
programmatic or funding changes.
  (3) A local public transportation and  intercity  passenger  transportation 
applicant shall file an application  with  the  department.   An  application 
shall contain all of the information required in the application instructions.
  (4) A local public transportation and  intercity  passenger  transportation 
applicant shall give public notice of its intent to apply  for  comprehensive 
transportation funds according to the act.  A local public transportation and 
intercity passenger transportation applicant shall transmit all  comments  it 
receives to the department.  The public  notice  shall  include  all  of  the 
following information:
  (a) The amount of funding requested.
  (b) The operating and capital program that the local public  transportation 
and intercity passenger transportation applicant proposes to  undertake  with 
the funds.
  (c) The location where the application may be reviewed.
  (5) The department shall review the applications and transmit  comments  to 
each local  public  transportation  and  intercity  passenger  transportation 
applicant.
  (6) Each local public transportation and intercity passenger transportation 
applicant shall provide any additional  information  that  is  requested  and 
responses that are related to subrule (5) of this rule.
  (7) The department shall approve, modify, or reject all or any  portion  of 
an application by written notification to the local public transportation and 
intercity passenger transportation applicant setting forth  its  reasons  for 
approval,  modification,  or  rejection.    The  applicant  may  appeal   any 
approval, modification or rejection of the application to an appeals  officer 
as appointed by the director of the department.  The department may modify or 
reject all or any portion of a local transportation  or  intercity  passenger 
program if any 1 of the following situations occurs:
  (a) A local public transportation and  intercity  passenger  transportation 
applicant fails to submit an  application  as  outlined  by  the  application 
instructions provided under subrule (1) of this rule and application sections 
of the act or fails to comply with the requirements prescribed in the act.
  (b) The total estimated revenues available for comprehensive transportation 
fund programs are exceeded by the sum of all funding that is requested in the 
applications received for the state fiscal year.
  (c) The department determines that  a  proposed  project  requires  further 
justification.
  (d) The eligible authority or eligible governmental agency  has  failed  to 
develop and implement plans,  programs,  and  services,  or  use  appropriate 
equipment, to provide public transportation for the elderly and  persons  who 
have disabilities as set forth in the provisions of R 247.4201 to R 247.4203.
  (8) A local public transportation and  intercity  passenger  transportation 
applicant shall notify the department of a proposed change in an  initial  or 
amendatory application for federal funds that would require  an  increase  or 
decrease of the state financial commitment.
  (9) A local public transportation and  intercity  passenger  transportation 
applicant shall provide the department with a copy of any federal application 
for capital or operating assistance at the  time  an  initial  or  amendatory 
application is filed with the federal government.
  (10) The department may administratively fund the  first  3  years  of  new 
services using the funding limits and provisions established in the operating 
grants to eligible authorities and eligible governmental agencies section  of 
the act.

  History:  1998-2000 AACS.


R 247.4103    Eligibility; documentation required.
  Rule  103.   To  establish   eligibility,   an   applicant   shall   submit 
documentation, as applicable, to the department as follows:
  (a) A local public  transportation  applicant  shall  submit  documentation 
under R 247.4104 and both of the following provisions:
  (i) Documentation that the applicant or its designated service provider  is 
legally  furnishing,  or  has  the  legal   capacity   to   furnish,   public 
transportation services in the area.
  (ii) Documentation that the applicant has  been  established  according  to 
state law.
  (b) A local public transportation applicant that has  previously  submitted 
the materials in subdivision (a) of this rule shall certify annually, in  the 
resolution of intent required by R  247.4104,  that  changes  in  eligibility 
documentation have not occurred during  the  past  state  fiscal  year.   Any 
change shall be submitted to  the  department  as  part  of  the  application 
required under R 247.4102.
  (c) An intercity passenger carrier  applicant  shall  submit  both  of  the 
following:
  (i) Documentation that the applicant is  legally  furnishing,  or  has  the 
legal capacity to furnish, public transportation services.
  (ii) A company letter signed by an authorized company  representative  that 
names  an  official  representative  of  the   applicant   for   all   public 
transportation matters who is  authorized  to  provide  information  that  is 
required by the commission or department for its administration of the act.
  (d) An intercity freight carrier applicant shall  submit  the  name  of  an 
official representative  of  the  applicant  who  is  authorized  to  provide 
information that  is  required  by  the  commission  or  department  for  its 
administration of the act.
  (e)  A  port  authority  applicant  shall  submit  all  of  the   following 
documentation and information:
  (i) Documentation that the applicant has been created under Act No. 639  of 
the Public Acts of 1978, as amended, being §120.101 et seq. of  the  Michigan 
Compiled Laws.
  (ii) Adopted  bylaws  and  articles  of  incorporation  that  indicate  the 
specific duties, functions, and powers of the applicant.
  (iii) The name of an  official  representative  of  the  applicant  who  is 
authorized to provide information that  is  required  by  the  commission  or 
department for its administration of the act.

  History:  1998-2000 AACS.


R 247.4104    Resolution of intent.
  Rule 104.  A local public transportation applicant shall annually  enact  a 
resolution  of  intent  as  described  in  the  application  instructions  to 
participate in the comprehensive transportation fund.  The  resolution  shall 
provide for all of the following:
  (a) Indicate that the  budget  for  the  local  transportation  program  is 
balanced and specify the  sources  and  amount  of  estimated  revenues  that 
support the proposed expenditures.
  (b) Name an  official  representative  of  the  applicant  for  all  public 
transportation matters who is  authorized  to  provide  such  information  as 
deemed necessary by the commission or department for  its  administration  of 
the act.
  (c) Certify that changes in eligibility  documentation  have  not  occurred 
during the past state fiscal year.

  History:  1998-2000 AACS.


R 247.4105      Eligible   and   ineligible   expenses   for   local   public 
transportation  and  intercity  passenger  transportation;  determination  of 
distribution of comprehensive transportation  funds  to  intercity  passenger 
carriers.
  Rule 105. (1)  Eligible and ineligible expense and revenue definitions  for 
local public transportation operating assistance or water  vehicle  operating 
assistance that are funded under the act shall be annually  included  in  the 
annual application instructions provided by the department.  The expense  and 
revenue estimates submitted and agreed to in the approved annual  application 
from the eligible authorities and eligible governmental agencies shall be  in 
agreement with the annual application instructions.
  (2) Eligible and ineligible expenses for intercity passenger transportation 
operating assistance that are funded under the act shall be as agreed upon in 
the executed contractual agreement.
  (3) Eligible capital costs, defined as any unit that has  a  cost  of  more 
than $300.00 and a useful life of more than 1 year, that are funded under the 
act and bond funds for local public transportation projects and for intercity 
passenger carrier projects include all of the following:
  (a) Acquisition.
  (b) Purchase.
  (c) Lease or lease-purchase.
  (d) Construction.
  (e) Rehabilitation.
  (f) Operating expenses allowed by the federal  government  in  an  executed 
federal capital contract
  (4) All programs shall  have  project  costs  defined  in  the  contractual 
agreement.
  (5) An applicant may submit any operating  or  capital  cost  that  is  not 
specified in the application instructions to the department, in writing,  for 
a determination  as  to  eligibility.   The  department  shall   notify   all 
recipients, in writing, upon the issuance of a determination  of  eligibility 
and specify the effective date.
  (6) A determination of eligibility is not funding approval.
  (7) In determining the distribution of comprehensive  transportation  funds 
to be made to intercity passenger carriers  under  the  act,  the  department 
shall award operating assistance projects by a competitive or negotiated  bid 
process and shall award capital projects by application.

  History:  1998-2000 AACS.


R 247.4106    Eligible and ineligible expenses for intercity freight projects 
and port authority operating budgets.
  Rule 106. (1) Eligible capital costs for rail  freight  projects  that  are 
funded under the act and bond funds are as follows:
  (a) Activities to preserve, improve, or expand state-owned facilities.
  (b) Activities or loans  to  improve  or  expand  privately  owned  freight 
facilities.
  (c) Activities, loans, or grants to improve or expand freight facilities to 
better serve economic development within Michigan.
  (2) Eligible costs for port authority operating budgets are as defined in R 
247.4101(l).
  (3) A determination of eligibility is not funding approval.
  (4) An applicant may submit any operating  or  capital  cost  that  is  not 
specified in subrules (1) through (3) of this  rule  to  the  department,  in 
writing, for a determination as to  eligibility.    The  determination  shall 
take effect upon receipt  of  notification  by  the  recipients,  unless  the 
determination is appealed to the commission.

  History:  1998-2000 AACS.


R 247.4107    Local public transportation cost allocation plan.
  Rule 107. (1)   A  recipient  shall  submit,  to  the  department  for  its 
approval, a cost allocation plan  for  general  and  administrative  overhead 
costs if both of the following conditions apply:
  (a) The local public transportation recipient receives funds  for  eligible 
operating expenses under the act.
  (b) One of the following conditions applies:
  (i) A recipient has joint costs with a unit or units of government  or  has 
employees who simultaneously work for other governmental agencies.
  (ii) A  recipient  has  multiple  funding  sources  that  require  separate 
accounting.
  (iii) A recipient provides services to outside agencies, including  transit 
agencies.
  (2) Specialized services agencies, as described in the act, are exempt from 
the provisions of this rule.
  (3) A recipient shall submit the cost allocation plan in narrative form.
The cost allocation plan shall describe the methodology used.
  (4) A recipient shall submit an amended plan to the  department  within  60 
days after any change in conditions as described in subrule  (1)(b)  of  this 
rule.
  (5) A recipient's independent certified public accountant shall note in the 
recipient's annual financial and compliance audit  whether  the  actual  cost 
allocation is in compliance with the cost allocation plan that was  submitted 
to the department.

  History:  1998-2000 AACS.


R 247.4108    Rescission.
  Rule 108. R 247.801 to R  247.814  of  the  Michigan  Administrative  Code, 
appearing on pages 721 to 727 of the 1979 Michigan Administrative  Code,  are 
rescinded.

  History:  1998-2000 AACS.


           PART 2.  ACCESSIBILITY PLAN


R 247.4201    Accessibility plan; content; amendment.
  Rule 201. (1) Each applicant seeking comprehensive transportation funds  to 
purchase, lease, or rent demand-actuated vehicles shall prepare and submit an 
accessibility plan to the department as a part of its application.
  (2) An accessibility plan shall include all of  the  following  information 
and items:
  (a) The number of demand-actuated vehicles that are presently  in  service, 
including  loaner  vehicles,   that   were   purchased   with   comprehensive 
transportation fund monies, and  the  number  of  demand-actuated  accessible 
vehicles.
  (b) The number  of  demand-actuated  vehicles  in  the  anticipated  fleet, 
including the number of demand-actuated accessible vehicles.
  (c)  The  current  definitions  of  the  elderly  and  persons   who   have 
disabilities that are used by the applicant, and  the  total  number  of  the 
elderly and persons who have disabilities in the service area.
  (d) The current fare structure that is in use for the elderly, persons  who 
have disabilities, and the rest of the general public for both fixed schedule 
and fixed route  service,  if  applicable,  and  for  demand-actuated  public 
transportation service.
  (e) A narrative description of the  process  that  the  applicant  used  to 
develop the accessibility plan.  The narrative shall include a description of 
the local advisory council involvement in the development and review  of  the 
accessibility plan.
  (f) A map and narrative description of the service area,  as  of  the  plan 
submission date, for fixed schedule and fixed route service,  if  applicable, 
and for demand-actuated public transportation service.
  (g) The current service schedule, including hours per day and days  of  the 
week, for both fixed schedule and fixed route service, if applicable, and for 
demand-actuated public transportation service.
  (h) A narrative description of how  the  information  required  in  subrule 
(2)(g) of this rule is made available in alternate  formats  to  persons  who 
have disabilities.
  (i) Whether transit vehicles are available for use  during  hours  or  days 
other than regular service hours or days  and  confirmation  that  accessible 
transit vehicles are available for use by the elderly and  persons  who  have 
disabilities to the same extent as the general public.
  (j) Whether the elderly, persons who have  disabilities,  and  the  general 
public  must  make  an  advance  request  to  obtain  demand-actuated  public 
transportation service and the advance request time period.
  (k) A narrative description of constraints on capacity and restrictions  on 
trip purpose.
  (l) A narrative summarization for the number  of  demand-actuated  vehicles 
requested and, within the total number requested, the  number  of  accessible 
vehicles, including the applicant's reasons  for  the  number  of  accessible 
vehicles.
  (m) Comments of the local advisory council.
  (n) The applicant's response to local advisory council comments.
  (o) The official transmittal letter from the applicant to the department.
  (3) Each applicant shall prepare and submit an amendment with their  annual 
application for funding.  An amendment is also required when proposed changes 
occur after the application  has  been  submitted.   These  include  material 
changes in the plan contents made under subrule (2) of this rule.
 Amendments shall be submitted on a form provided in the  annual  application 
instructions which includes the  Americans  with  Disabilities  Act  of  1990 
certification.   An  amendment  is  not  necessary  for   changes   regarding 
department loaned vehicles.
  (4) All plan amendments shall include the documents that are required under 
subrule (2)(m) and (n) of this rule as well as a written description  of  the 
changes from a previously approved accessibility plan.

  History:  1998-2000 AACS.


R 247.4202    Accessibility plan local advisory council composition.
  Rule 202. (1)  A local advisory council shall be composed and structured in 
such a manner so as to facilitate an independent objective assessment of  the 
accessibility plan by persons in the service area.
  (2) An applicant shall  have  a  local  advisory  council  established  and 
appointed.  The council shall  consist of not less than 3 members.
  (3) Local advisory council members shall not be employees of the  applicant 
and shall not be members of the applicant's executive committee or  governing 
board.
  (4) Each applicant shall include, with the accessibility plan,  a  list  of 
council members and their affiliations.  The  applicant  shall  identify  the 
members who are persons who have disabilities, are 65 years of age or  older, 
or are representatives of persons who have disabilities or are  65  years  of 
age or older.
  (5) Each applicant shall ensure that 50% of the membership  will  represent 
persons who are 65 years of age or older and persons  who  have  disabilities 
within the service area and, jointly with the area  agency  on  aging,  shall 
approve at least 1 member, or the equivalent of 12% of the membership, of the 
local advisory council.  The applicant shall ensure that the membership  will 
include people who have diverse disabilities and the elderly who are users of 
public transportation.

  History:  1998-2000 AACS.


R 247.4203    Accessibility plan review and approval process.
  Rule 203. The department shall process an accessibility plan in  accordance 
with both of the following procedures:
  (a)  The  department  shall,  within  60  days  after  submission  of   the 
accessibility plan, do either of the following:
  (i) Approve the accessibility plan as submitted or amended.
  (ii) Reject the accessibility plan as submitted and make recommendations to 
the applicant for modifications.
  (b) A plan that is not approved or rejected by  the  department  within  60 
days after submission is considered approved as submitted.

  History:  1998-2000 AACS.


       PART 3.  REPORTING AND COMPLIANCE REQUIREMENTS


R 247.4301    Financial and compliance audits.
  Rule 301. (1) A recipient of funds under the  local  public  transportation 
operating grants section and the  new  services  section  of  the  act  shall 
provide, to the department, an annual financial and compliance  audit  report 
and management letter within 120 calendar days from  the  end  of  the  local 
fiscal year.  The report shall include a response certified by an independent 
certified public accountant in  accordance  with  the  department's  and  the 
Michigan department of treasury's audit guide. The Department  may  grant  an 
extension of up to 60 days upon receipt of a written request.
  (2) Failure to comply with the audit section of the act may result  in  the 
withholding of local public transportation operating grants and new  services 
grants under the act as required under the withholding section of the act and 
R 247.4303.
  (3) The department shall audit a recipient of funds  under  sections  other 
than the local public transportation operating grants and new services grants 
sections of the act in accordance with  the  contract  entered  into  by  the 
recipient and the department.

  History:  1998-2000 AACS.


R 247.4302    Local public transportation progress report.
  Rule 302. (1)  Not later than 40 calendar days after the end of each  state 
fiscal year, a recipient of  funds  under  the  local  public  transportation 
operating grants and new services sections of the act shall  file  an  annual 
local public transportation progress report to enable a preliminary  closeout 
of the statutory distribution and the new  services  distribution  after  the 
third year.
  (2) Not later than 40 days after the end of each fiscal  quarter,  a  local 
public transportation recipient of operating grants and new  services  grants 
under the act shall file a quarterly local transportation progress report.
  (3) Failure to comply with the quarterly report  and  the  progress  report 
sections  of  the  act  may  result  in  the  withholding  of  local   public 
transportation operating grants and new services grants under the act.

  History:  1998-2000 AACS.


R 247.4303    Procedures for adjusting or withholding funds.
  Rule 303. (1)  The department may adjust or withhold project funds that are 
awarded under the act or may adjust project quantities or alter  the  project 
scope under any of the following circumstances:
  (a) Federal funds that are necessary for the completion of the project  are 
not awarded to the recipient by the end of the following fiscal year in which 
the project was approved.
  (b) The actual comprehensive transportation fund  revenues  are  below  the 
estimated comprehensive transportation fund revenues on which a project award 
was made.
  (c) The actual cost of the project varies from the estimated costs on which 
a project award was made.
  (d) Revisions to the local  transportation  programs  are  requested  by  a 
recipient.
  (e) The scope of the project is reduced.
  (f) A recipient fails to comply with the act.
  (g) A recipient  fails  to  maintain  project  equipment  pursuant  to  the 
contract.
  (2)  The  department  shall   notify   a   recipient,   by   mail,   of   a 
department-initiated action to withhold funds for noncompliance.  The  notice 
shall clearly set forth the reasons for the proposed action.   The  recipient 
shall have 30 days from the date of issuance of  the  notice  to  respond  or 
undertake corrective action.  The department may grant an  extension  if  the 
recipient files a written appeal with the department.
  (3) If, within 30 days after the date that the notice of intent to withhold 
was issued, the recipient has not corrected the reason  for  the  withholding 
and notified the department of that  correction,  has  not  been  granted  an 
extension, or has not appealed the action, in writing, to the department  and 
been granted a waiver, then the  department  shall  send  the  applicant,  by 
certified mail, a notification that funds are being withheld.  Withholding of 
funds shall occur automatically after the notice of withholding is mailed.

  History:  1998-2000 AACS.


R 247.4304    Contractual agreements generally.
  Rule 304. (1)  A contractual agreement is required for authorized  projects 
that are funded under the comprehensive transportation  fund  and  bond  fund 
sections of the act.
  (2) A contractual agreement is not required  for  authorized  local  public 
transportation operating assistance grants under the act.

  History:  1998-2000 AACS.


R 247.4305    Third-party contracts; applicability.
  Rule 305. (1)  A recipient who has not been certified under R 247.4306  and 
who receives comprehensive transportation funds for projects funded under the 
act or supplemental appropriations shall comply with the provisions  of  this 
rule.
  (2) A recipient whose grant is either partially or  100%  state-funded  and 
who is certified under  R  247.4306  is  not  required  to  comply  with  the 
provisions of this rule.
  (3) Third-party contract processing shall  be  consistent  with  commission 
policy.  Approval, when required  by  commission  policy,  shall  take  place 
before contract execution.
  (4) Departmental contractual agreements  shall  require  that  a  recipient 
submit any documentation which is related to third-party procurement  to  the 
department for information purposes at the request of the department.

  History:  1998-2000 AACS.


R 247.4306    Third-party contracts; federal involvement.
  Rule 306. (1) A recipient that is  considered  certified  by  FTA  will  be 
considered certified by the department.  If a  recipient  is  decertified  by 
FTA, then the recipient shall immediately notify the department.
  (2) The department  is  responsible  for  certifications  for  nonurbanized 
recipients who utilize department procedures.
  (3) The department may request  third-party  contract  documents  that  are 
prepared under subrule (1) or (2) of this rule for informational purposes.
  (4) A recipient who is unable to, or who elects not  to,  comply  with  the 
provisions of subrule (1) or (2) of this rule  and  a  recipient  who  has  a 
contractual  requirement  of  department  approval  shall  comply  with   the 
provisions of R 247.4305.

  History:  1998-2000 AACS.


R 247.4307    Declaratory rulings.
  Rule 307. (1)  The department, upon the written request  of  an  interested 
person, may issue a declaratory ruling as to the applicability of the act  or 
a rule to an actual statement of facts if the  person  submits  a  clear  and 
concise statement of the actual statement of facts to the department.
An interested  person  may  submit  a  brief  or  other  reference  to  legal 
authorities upon which the person relies for determining the applicability of 
the act or a rule to the statement of facts.
  (2) If the department determines it will issue a declaratory  ruling,  then 
it shall furnish the person with a written statement to that effect and shall 
set forth the time in which it will issue the ruling.
  (3) A ruling shall repeat the actual  statement  of  facts  and  the  legal 
authority on which the department relies for the ruling it makes.  A  ruling, 
once issued, is binding on the  department,  and  the  department  shall  not 
change the ruling retroactively, but may change a ruling prospectively.

  History:  1998-2000 AACS.