New Jersey Administrative Code
Title 19K - CASINO CONTROL COMMISSION/CASINO REINVESTMENT DEVELOPMENT AUTHORITY
Chapter 40A - GENERAL PROVISIONS
Subchapter 3 - INFORMATION AND FILINGS
Section 19:40A-3.7 - Declaratory rulings

Universal Citation: NJ Admin Code 19:40A-3.7

Current through Register Vol. 56, No. 18, September 16, 2024

(a) Pursuant to N.J.S.A. 52:14B-8, any interested person may request that the Commission render a declaratory ruling with respect to the applicability to any person, property, or state of facts of any provision of the Act within the Commission's jurisdiction or of any Commission rule.

(b) A request for a declaratory ruling shall be initiated by a petition. The petition shall include the following items with specificity:

1. The nature of the request and the reasons therefor;

2. The facts and circumstances underlying the request;

3. Legal authority and argument in support of the request; and

4. The remedy or result desired.

(c) If the Commission, in its discretion, decides to render a declaratory ruling, a hearing shall be afforded prior to the rendering of such a ruling.

1. Where there exists disputed issues of fact that must be resolved in order to determine the rights, duties, obligations, privileges, benefits or other legal relations of specific parties, such hearings shall be conducted in accordance with N.J.A.C. 19:42A-2.

2. Where there exists no disputed issues of fact as identified in (c)l above, the matter shall proceed on the petition, any other papers requested of the parties, and oral argument, if permitted by the Commission.

(d) In appropriate cases, the Commission may notify persons who may be interested in or affected by the subject of the declaratory ruling. In such cases, the Commission may afford these persons an opportunity to intervene as parties or to otherwise present their views in an appropriate manner, which is consistent with the rights of the parties.

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