(1) Petitions for declaratory rulings must be filed at the offices of the Human Rights Bureau, Department of Labor and Industry, P.O. Box 1728, Helena, MT 59624-1728.

(2) Petitions for declaratory rulings may be heard by the full commission, by a single member of the commission, or by a hearing examiner appointed by the commission.

(3) Upon the filing of a petition for a declaratory ruling the department shall review the sufficiency of the petition for compliance with ARM 24.9.403, the standing of the petitioner, the existence of a genuine case or controversy, the availability of other adequate remedies at law, subject matter jurisdiction, multiplicity of proceedings, lack of a substantial legal question or other defects apparent on the face of the petition.

(4) If it appears the petition is adequate as a matter of law and there are reasonable grounds for it to be heard, the department shall assign the petition to a hearing examiner for hearing or set the matter for hearing before the commission. If the petition is defective as a matter of law or there are no reasonable grounds for it to be heard, the department shall present the petition to the commission for its consideration.