N.H. Admin. Code § Asb 204.02

Current through Register No. 50, December 12, 2024
Section Asb 204.02 - Petition for Declaratory Ruling
(a) Petitions concerning a specific rule shall be filed with the board at least 90 days prior to the date of the proposed action.
(b) A petition for declaratory ruling on a specific rule shall include the following:
(1) Full names and addresses of all interested parties;
(2) The federal identification number of all interested parties;
(3) A full and precise statement of the reasons for the proposed action;
(4) A detailed description of the proposed action;
(5) True copies of all contracts, deeds, agreements, instruments and other documents involved in the proposed action;
(6) Reference to the RSA sections and rules relating to the subject of the petition for declaratory ruling; and
(7) A statement whether, to the best of the petitioner's knowledge, the issue which is the subject of the petition:
a.Has been examined by the board and, if applicable, the statutory period of limitation on assessment, per RSA 21-J:29 has not expired; or
b.Is pending in litigation.
(c) A petition for declaratory ruling and any factual information submitted therewith shall be accompanied by a declaration by the petitioner in the following form:

"I declare that I have examined this petition, including accompanying documents, and to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct, and complete."

(d) Within 30 days after receipt of a petition for declaratory ruling, the board shall advise the petitioner:
(1) If additional information or representations are required when necessary in order to make a decision; or
(2) If the complexity of the petition leads the board to foresee a delay in the issuance of a ruling.
(e) After the board has received a response to any, and all, requests for additional information or representations, the board shall issue a declaratory ruling applying any applicable statutes, rules, or court opinions to the proposed action described in the petition.

N.H. Admin. Code § Asb 204.02

#7863-A, eff 3-31-03