Current through Register No. 40, October 3, 2024
(a) Any person
or entity may petition for a declaratory ruling if that person or entity is
potentially subject to allegations of discrimination as further described in
Hum
318.01.
(b) A petition for a declaratory ruling:
(1) Shall relate only to actual present or
potential future circumstances;
(2)
Shall not relate to past or purely hypothetical circumstances;
(3) Shall not relate to circumstances forming
the foundation for a pending investigation, administrative hearing or
litigation in any state or federal agency or court;
(4) Shall be written in such a manner as to
avoid references to:
a.Specific individuals
and entities;
b.Business
secrets;
c.Information which is
confidential pursuant to RSA 91-A; and
d.Information which is confidential pursuant
to any law or pursuant to the order of any administrative agency or
court;
(5) Shall, if
accompanied by supporting documents, be accompanied only by documents which do
not refer to the information listed in (4)a. above or from which such
information has been redacted;
(6)
Shall, at the option of the petitioner, be accompanied by additional material
chosen to clarify the petition;
(7)
Shall include the information required by (c) below; and
(8) Shall include the following declaration
signed by the individual submitting the petition, the authorized representative
of such individual, or the authorized representative of the entity submitting
the petition:
"I declare that I have examined this petition for a
declaratory ruling, including the accompanying documents, and state that, to
the best of my knowledge and belief, the petition complies with the
administrative rules governing declaratory rulings by the New Hampshire
Commission for Human Rights, and that the facts presented in the petition are
true, correct and complete".
(c) A petition for declaratory ruling shall
include:
(1) The name and address of the
person submitting the petition or the individual submitting it on behalf of
another person or of an entity;
(2)
A description of the set of facts to which the petition relates;
(3) Identification of the particular
administrative rule(s), statute(s) or order(s) the petitioner believes might
apply to the facts presented; and
(4)The specific question(s) which the
petitioner wants answered, stated in
terms of:
a.Whether
or not the rule(s), statute(s) or order(s) identified by the petitioner would
apply to the facts stated by the petitioner; and
b.If so, how they would apply.
