Connecticut Administrative Code
Title 54 - Criminal Procedure
124a - Board of Pardons and Paroles Concerning
Section 54-124a-10 - Petition for declaratory ruling
Universal Citation: CT Reg of State Agencies 54-124a-10
Current through March 14, 2024
(a) General rule. Any person may petition the Board of Pardons and Paroles, or the Board of Pardons and Paroles may initiate a proceeding, for a declaratory ruling as to the validity of any regulation, or the applicability to specified circumstances of a provision of the Connecticut General Statutes, regulation, or final decision, on a matter within the Board of Pardons and Paroles' jurisdiction.
(b) Form of petition for declaratory ruling. Petitions for a declaratory ruling shall be addressed to the Board of Pardons and Paroles and sent by certified mail to its principle office. The petition shall:
(1) be in writing, signed, and dated by the
petitioner;
(2) include the name
and address of the petitioner and the name and address of the petitioner's
attorney, if applicable;
(3)
identify the particular statute, regulation, or final decision for which a
ruling is sought;
(4) state clearly
and concisely the question or questions for which a ruling is sought;
(5) state the position of the petitioner,
including a statement of appropriate factual background relative to each
question for which a ruling is sought; and
(6) include any supporting data, facts, and
arguments in support of the position of the petitioner with such legal citation
as may be appropriate.
(c) Procedure after petition for declaratory ruling filed.
(1)
Notice to persons. The Board of Pardons and Paroles may give
notice to any person that a petition for a declaratory ruling has been received
and may receive and consider facts, arguments, and opinions from persons other
than the petitioner. In all cases, not more than thirty (30) days after receipt
of a petition for a declaratory ruling, the Board of Pardons and Paroles shall
give notice of the petition to all persons to whom notice is required by any
provision of law and to all persons who have requested notice of declaratory
ruling petitions on the subject matter of the petition.
(2)
Parties and intervenors. If
the Board of Pardons and Paroles finds that a timely petition to become a party
or to intervene has been filed, the Board of Pardons and Paroles may:
(A) grant a person status as a party if the
Board of Pardons and Paroles finds that the petition states facts demonstrating
that the petitioner's legal rights, duties or privileges shall be specifically
affected by the agency proceeding; and
(B) grant a person status as an intervenor if
the Board of Pardons and Paroles finds that the petition states facts
demonstrating that the petitioner's participation is in the interests of
justice and will not impair the orderly conduct of the proceedings. The Board
of Pardons and Paroles may define an intervernor's participation in the manner
set forth in subsection (d) of section 4-177a of the Connecticut General
Statutes.
(3)
Decision on petition, ruling granted. If the Board of Pardons and
Paroles decides to issue a declaratory ruling, not more than sixty (60) days
after receipt of the petition for the declaratory ruling, the Board of Pardons
and Paroles shall:
(A) issue the ruling;
or
(B) agree to issue the ruling by
a specified date.
(4)
Provision for hearing. If the Board of Pardons and Paroles deems a
hearing necessary or helpful in determining any issue concerning a petition for
a declaratory ruling, not more than sixty (60) days after receipt of the
petition for the declaratory ruling, the Board of Pardons and Paroles may
schedule such hearing and give such notice thereof as appropriate.
(5)
Decision on petition, ruling
denied. If the Board of Pardons and Paroles decides not to issue a
declaratory ruling, not more than sixty (60) days after receipt of the petition
for the declaratory ruling, the Board of Pardons and Paroles shall:
(A) initiate regulation-making proceedings,
under section 4-168 of the Connecticut General Statutes on the subject;
or
(B) state the reason or reasons
for its action.
(6)
Rulings and actions. The Board of Pardons and Paroles shall
promptly deliver a copy of all rulings issued and any actions taken under
subdivisions (3), (4), and (5) of subsection (c) of this section to the
petitioner and other parties and intervenors by United States mail, certified
or registered, postage prepaid, return receipt requested. A declaratory ruling
shall contain the following:
(A) the names of
all parties and intervenors to the proceeding;
(B) the particular facts upon which the
ruling is based; and
(C) the
reasons for the conclusion.
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