Cal. Civ. Code § 11

11.1 Pursuant to section 24-4-105(11), C.R.S., any person may petition the Department of Local
Affairs, Division of Housing for a declaratory order to terminate controversies or remove
uncertainties as to the applicability to the petitioner of any provision of the Act (Title 38, Article 12,
Part 2, C.R.S.), Program (Title 38, Article 12, Part 11, C.R.S.), or rules (8 CCR 1302-15).

11.1.1 The parties to any petition for a declaratory order pursuant to this regulation shall be the
petitioner and the Division.

11.2 Each petition for a declaratory order shall set forth the following:

A. The first and last name, mailing address, phone number, and email address (if any) of the
petitioner;

B. Whether the petitioner is the management or landlord of a mobile home park pursuant to
section 38-12-201.5(3), C.R.S., and if yes, the registration number for the mobile home
park issued by the Division pursuant to section 38-12-1106(10), C.R.S.;

C. Whether the petitioner is a resident of a mobile home park pursuant to section 38-12-
201.5(11), C.R.S., and if yes, whether the petitioner is also a home owner pursuant to
section 38-12-201.5(2), C.R.S.;

D. The statute or rule to which the petition relates;

E. A concise statement of all of the facts necessary to show the nature of the controversy or
the uncertainty as to the applicability to the petitioner of the statute or rule to which the
petition relates;

F. A concise statement of the legal authorities, if any, and such other reasons upon which
petitioner relies; and

G. A concise statement of the declaratory order sought by the petitioner.

11.3 A petition for a declaratory order shall be served on the Division by emailing and mailing such
petition to the Mobile Home Park Oversight Program (MHPOP). Each petition for a declaratory
order shall contain a certification that the service requirements of this paragraph have been met.

11.4 The Division Director or their designee will determine, in their sole discretion without prior notice
to the petitioner, whether to entertain any petition. If the Division Director or designee decides not
to entertain a petition, the Division will notify the petitioner in writing of its decision and the
reasons for that decision. Any of the following grounds may be sufficient reason to refuse to
entertain a petition, including, but not limited to:

A. A ruling on the petition will not terminate the controversy nor remove uncertainties
concerning the applicability to petitioner of the statute or rule in question;

B. The petition involves a subject, question, or issue which is involved in a written complaint
previously filed with MHPOP, an on-going investigation being conducted by MHPOP, or a
pending hearing before the Office of Administrative Courts;

C. The petition seeks a ruling on a moot or hypothetical question, having no applicability to
the petitioner; or

D. Petitioner has some other adequate legal remedy, other than an action for declaratory
relief pursuant to Colorado Rule of Civil Procedure 57, which will terminate the
controversy or remove any uncertainty concerning applicability of the statute or rule.

11.5 If the Division Director or designee determines that they will entertain the petition for declaratory
order, the Division shall promptly so notify all parties involved, and the following procedures shall
apply:

11.5.1 The Division Director or designee may issue a declaratory order on the basis of the facts
and legal authority presented in the petition, or request the petitioner submit additional
evidence and legal argument in writing.

11.5.2 In ruling on a petition for declaratory order, the Division may take administrative notice of
general, technical, or scientific facts within the Division’s knowledge.

11.5.3 The Division Director or designee may dispose of the petition without conducting an
evidentiary or other hearing. If the Division does so, any ruling will apply only to the
extent of the facts presented in the petition and any amendment to the petition.

11.5.4 The Division may consolidate for determination petitions raising similar issues of fact or
law.

11.5.5 Every declaratory order shall be decided and issued in writing, specifying the basis in fact
and law for the order.

11.5.6 A declaratory order shall constitute agency action subject to judicial review pursuant to
section 24-4-106, C.R.S.

11.6 Record Retention and Reliability - Files of all requests and declaratory orders will be maintained
and relied upon by the Division for a period of five (5) years, unless the declaratory order is
superseded by a statutory or regulatory change, or amended or reversed by a court of law.
Except with respect to any material required by law to be kept confidential, such files shall be
available for public inspection.