New Hampshire Code of Administrative Rules
Res - Commissioner, Department of Resources and Economic Development
Chapter Res 200 - RULES OF PRACTICE AND PROCEDURE
Part Res 202 - PETITIONS TO THE DEPARTMENT
Section Res 202.02 - Petitions for Declaratory Rulings

Universal Citation: NH Admin Rules Res 202.02

Current through Register No. 40, October 3, 2024

(a) Any interested person may petition the department, through the commissioner, requesting a declaratory ruling on the applicability of any statute or rule administered or enforced by the department.

(b) Declaratory ruling petitions shall conform to the requirements set out in Res 202.03.

(c) Declaratory ruling petitions shall be received and disposed of in the following manner:

(1) Petitions shall be submitted to the office of the commissioner;

(2) If the commissioner determines that any petition is deficient in any respect, the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition; and

(3) When an acceptable petition for a declaratory ruling has been received by the commissioner, the commissioner shall take one of the following actions:
a. Issue a declaratory ruling responsive to the petition within 60 days; or

b. If deemed necessary, request the opinion of the department of justice within 20 working days, and issue a responsive declaratory ruling within 20 working days of receipt of the attorney general's reply.

#2221, eff 12-23-82; ss by #2979, eff 2-21-85; EXPIRED: 2-21-91

New. #5798, eff 3-18-94, EXPIRED: 3-18-00

New. #7568-A, eff 10-1-01

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