New York Codes, Rules and Regulations
Title 8 - EDUCATION DEPARTMENT
Chapter XX - Higher Education Services Corporation
Subchapter A - Administration
Part 2003 - Procedures For Declaratory Rulings
Section 2003.1 - Petition for declaratory ruling

Universal Citation: 8 NY Comp Codes Rules and Regs ยง 2003.1

Current through Register Vol. 46, No. 39, September 25, 2024

(a) Petitions for discretionary issuance of a declaratory ruling concerning the applicability to any person, property or state of facts of any rule, regulation or statute which the corporation enforces may be filed by any person.

(b) Such petition shall be in writing, setting forth in a concise manner the state of all pertinent facts, the rule, regulation or statute to be ruled upon, and shall be signed under oath by the petitioner, verifying all facts alleged in the petition. The petition shall set forth the nature of the petitioner's interest in the question to be determined and shall include accurate copies of all documents and supporting materials. When the question to be determined pertains to only one aspect of a larger transaction or fact situation, all relevant facts with respect to the larger transaction or fact situation shall be submitted.

(c) Petitions shall be addressed and mailed to the office of counsel to the corporation, return receipt requested. The counsel shall review such petitions and recommend to the president:

(1) that a declaratory ruling be made;

(2) that the petition received is incomplete and must be completed before a decision can be made as to the issuance of a declaratory ruling; or

(3) that a declaratory ruling should not be made, specifying the reasons for such recommendation.

(d) Notice of final action by the corporation on any petition for a declaratory ruling shall be forwarded to the petitioner immediately. Any declaratory ruling issued by the corporation shall be available for public access and inspection in accordance with Part 2002 of this Chapter.

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