Section Ec-Air 202.04 - Declaratory Rulings(a) Any person may petition the council in writing for a declaratory ruling concerning the applicability of a council rule, a statute within the council's jurisdiction, or an order of the council by filing an original written petition and one copy in accordance with this section.(b) The petition for a declaratory ruling shall:(1) Conform to the filing requirements of Ec-Air 201.01;(2) Be clearly marked "Attention: Council Secretary" on the envelope;(3) Cite in full the statute, council rule, or council order for which the petitioner seeks a ruling;(4) Describe in detail the specific factual circumstances regarding which the declaratory ruling is sought;(5) Contain the specific question presented, stated in terms of whether the particular statute, rule, or order would apply to the stated factual circumstances; and(6) Include any explanation, argumentation, or exhibits that the petitioner deems relevant and material to the petition.(c) If the presiding officer determines that a petition for declaratory ruling does not meet the requirements of Ec-Air 202.04(a) and (b), the presiding officer shall promptly dismiss the petition and inform the petitioner, in writing, of the defects necessitating dismissal of the petition. Dismissal of a petition for a declaratory ruling under this paragraph shall not prevent a petitioner from curing the identified defects and refiling the petition.(d) At the council's first meeting held more than 30 days from the receipt by the council secretary of the petition, the council shall either: (1) Rule on the petition;(2) Request additional information from the petitioner, if it determines that such additional information is necessary to rule on the petition; or(3) Request assistance from the department of justice, if it determines that such assistance is necessary to rule on the petition.(e) If the council requests additional information or assistance under paragraph (d)(2) or (d)(3) above, it shall: (1) Inform the petitioner in writing within 30 days of the meeting at which it determined that additional information or assistance was necessary; and(2) Rule on the petition at its first meeting held more than 30 days from the receipt of such additional information or assistance.(f) If the petitioner fails to produce necessary information requested by the council pursuant to paragraph (d)(2) above within 30 days of informing the petitioner pursuant to paragraph (e)(1) above, the presiding officer shall dismiss the petition. Dismissal of a petition for a declaratory ruling under this paragraph shall not prevent a petitioner from curing the identified defects and refiling the petition.(g) The presiding officer shall issue to the petitioner a written decision explaining the council's ruling on the petition within 30 days of the meeting at which the ruling was made.N.H. Admin. Code § Ec-Air 202.04
Derived from Number 23, Filed June 8, 2023, Proposed by #13642, Effective 5/23/2023 (See Revision Note at chapter heading for Ec-Air 200).