Section 200.320  Request for Declaratory Rulings

a)         A person may request a declaratory ruling from the Department by filing a verified petition in the format set forth in Section 200.310 (a) of this Part.

b)         The verified petition shall be directed to and filed with the Director.

c)         The Department will respond to the request within sixty (60) days after receipt.

d)         After a review of the relevant facts presented, in light of existing judicial, legislative and administrative history, the Department shall either decline to issue any findings or issue its finding as to the applicability of the Act to the situation presented in the form of a declaratory ruling.  Facts or conditions different than those presented will require different conclusions and persons other than those requesting the statement should not rely on the ruling.  Declaratory rulings do not have precedent value.

e)         Availability of declaratory rulings issued by the Department:

1)         The Department will maintain an index by statutory Section(s) involved and chronologically of all declaratory rulings issued.

2)         Copies of such rulings can be reviewed in the Department's Springfield office and copies thereof obtained upon payment of the cost of duplication as set forth in 2 Ill. Adm. Code 901.80.