(1) ARM 24.9.401 through 24.9.414 are the rules of practice and procedure for declaratory rulings before the human rights commission.

(2) A declaratory ruling from the human rights commission may be sought in two contexts. First, any aggrieved or interested person may petition the human rights commission for a declaratory ruling as to the applicability of any statute within the jurisdiction of the commission or any rule or order of the commission. Second, any person, educational institution, financial institution, governmental entity, state or local agency which seeks an exemption from the requirements of chapter 2, or chapter 3 of Title 49, MCA, may petition the human rights commission for a declaratory ruling to grant such an exemption.

(3) A petition for a declaratory ruling is the sole method of obtaining a binding determination of legal rights, duties, or privileges from the commission other than by a determination of such matters by means of a contested case hearing. While opinions of the department carry persuasive weight, only judicial determinations, contested case and declaratory ruling decisions, and the rules of the commission are binding upon the commission.