New Hampshire Code of Administrative Rules
Adm - Commissioner, Department of Administrative Services
Chapter Adm 200 - PROCEDURAL RULES
Part Adm 214 - DECLARATORY RULINGS
Section Adm 214.01 - Requests for Declaratory Ruling

Universal Citation: NH Admin Rules Adm 214.01

Current through Register No. 12, March 21, 2024

(a) Any person may petition the commissioner in writing for a declaratory ruling concerning the applicability of a rule or statute involving the department, other than rules or statutes implemented by the division of personnel, to a specific set of circumstances.

(b) The petition shall:

(1) Be in legible written form;

(2) Be addressed to the commissioner;

(3) Be delivered to the Office of the Commissioner, Department of Administrative Services, Room 120, 25 Capital Street, Concord, NH 03301;

(4) State the name and address of the individual petitioner or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the entity to file the petition;

(5) Cite the particular rule or statute in question;

(6) Explain why the language of the rule or statute makes its applicability unclear to the circumstances of the petitioner's case; and

(7) Be signed and dated by the petitioner.

(c) Within 60 days of the receipt of the petition, the commissioner shall notify the petitioner if the petition is incomplete or if additional information is required in order to reach a determination on the petition.

(d) When a conforming petition has been received, the commissioner shall respond within 120 days to a petition for a declaratory ruling by stating whether or not the rule or statute at issue applies to the specific set of circumstances presented.

(e) Declaratory rulings shall be filed on the day of issuance with the director of legislative services in accordance with RSA 541-A:16, II (b).

#8908, eff 9-22-07

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