New Hampshire Code of Administrative Rules
Ins - Commissioner, Insurance Department
Chapter Ins 200 - PRACTICES AND PROCEDURES
Part Ins 209 - PETITION FOR DECLARATORY RULING
Section Ins 209.02 - Action on Petitions

Universal Citation: NH Admin Rules Ins 209.02

Current through Register No. 40, October 3, 2024

(a) If examination of a petition for declaratory ruling reveals that other persons would be substantially affected by the proposed ruling, the department shall require service of the petition on such persons and advise them that they may file a reply.

(b) The petitioner and any persons served with notice of the petition shall provide such further information or participate in such evidentiary or other proceedings as the department may direct after reviewing the petition and any replies received.

(c) The commissioner shall act on the petition as follows:

(1) Issue a written ruling within 30 days after receipt of all information or the conclusion of any evidentiary or other proceeding; or

(2) Reject the petition if:
a. It is inadequate;

b. It involves a hypothetical situation or otherwise seeks advice as to how the commissioner would decide a future case;

c. It does not implicate the legal rights or responsibilities of the petitioner;

d. It is beyond the scope of the commissioner's statutory authority;

e. There is pending legislation or rulemaking, a pending administrative or judicial proceeding, or a pending investigation or examination that will address the petition; or

f. Other procedural options are available to the interested parties or the department.

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