New Hampshire Code of Administrative Rules
Tra - Commissioner, Department of Transportation
Chapter Tra 100 - ORGANIZATIONAL RULES
Part Tra 103 - PETITIONS TO THE DEPARTMENT
Section Tra 103.02 - Petitions for Declaratory Rulings
Universal Citation: NH Admin Rules Tra 103.02
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. Such petitions shall conform to the requirements set out in Tra 103.03 and shall be received and disposed of pursuant to (b) below:
(b) Petitions for declaratory rulings shall be handled as follows:
(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.
(3) When an acceptable
petition for a declaratory ruling has been received by the commissioner, he/she
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 attorney general's office within 20 working days, and issue
a responsive declaratory ruling within 20 working days of receipt of the
attorney general's reply.
(4) Responses to petitions for declaratory
ruling that require legal analysis shall be referred to the office of the
attorney general for an opinion.
#4595, eff 4-6-89; ss by #5605, eff 3-29-93
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