§ 14.44 — Determination of Validity of Rule
Plain-Language Summary
Anyone whose legal rights are affected by a rule can ask the Court of Appeals for a declaratory judgment on whether the rule is valid. You do not need to first ask the agency about the rule's validity or wait for the agency to try to enforce the rule against you.
14.44 DETERMINATION OF VALIDITY OF RULE.
The validity of any rule may be determined upon the petition for a declaratory judgment thereon, addressed to the court of appeals, when it appears that the rule, or its threatened application, interferes with or impairs, or threatens to interfere with or impair the legal rights or privileges of the petitioner. The agency shall be made a party to the proceeding. The declaratory judgment may be rendered whether or not the petitioner has first requested the agency to pass upon the validity of the rule in question, and whether or not the agency has commenced an action against the petitioner to enforce the rule.
History:
1957 c 806 s 6; 1982 c 424 s 130; 1984 c 640 s 26
**NOTE: **The Office of Administrative Hearings has been renamed the Court of Administrative Hearings. This terminology change will be implemented in the 2026 Statutes. Laws 2025, chapter 39, article 2, sections 17 and 68.
History: History: 1957 c 806 s 6; 1982 c 424 s 130; 1984 c 640 s 26