New Hampshire Code of Administrative Rules
Esb - Equalization Standards Board
Chapter Esb 200 - PRACTICES AND PROCEDURES
Part Esb 204 - DECLARATORY RULINGS
Section Esb 204.02 - Petition for Declaratory Ruling

Universal Citation: NH Admin Rules Esb 204.02

Current through Register No. 40, October 3, 2024

(a) Petitions concerning a specific rule shall be filed with the board at least 90 days prior to the date of the proposed action.

(b) A petition for a declaratory ruling shall include the following:

(1) Full name and address of each interested party;

(2) A full and precise statement of the reasons for the proposed declaratory ruling;

(3) A detailed description of the proposed declaratory ruling;

(4) True copies of all documents involved in the proposed declaratory ruling;

(5) Reference to the RSA sections and rules relating to the subject of the petition; and

(6) A statement whether, to the best of the petitioner's knowledge, the issue which is the subject of the petition is pending in litigation.

(c) A petition for a declaratory ruling and any factual information submitted therewith shall be accompanied by a declaration by the petitioner in the following form:

"I declare that I have examined the petition, including the accompanying document s and to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct and complete."

(d) Within 30 days after receipt of a petition for a declaratory ruling, the board shall advise the petitioner:

(1) If additional information or representations are required when necessary in order to make a decision; or

(2) If the complexity of the petition leads the board to foresee a delay in the issuance of a ruling.

(e) After the board has received a response to any, and all, requests for additional information or representations, the board shall issue a declaratory ruling applying any applicable statutes, rules or court opinions to the proposed action described in the petition.

#7954, eff 9-13-03

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