Current through Register No. 50, December 12, 2024
Section Env-AC 207.03 - Processing of Petitions for Declaratory Rulings(a) Upon receipt of a petition for a declaratory ruling, the council clerk shall forward the petition to the council.(b) At its first meeting following receipt of a petition for declaratory ruling, the council shall review the petition to determine: (1) Whether additional information or explanation is needed; and(2) Whether the complexity of the petition, including but not limited to the issue in question and the legal implications thereof, will cause the council to seek assistance from the department of justice.(c) The council shall inform the petitioner in writing of the results of its review under (b), above. If additional information or explanation is needed, the council shall identify the needed information or explanation and shall establish a deadline for the petitioner to provide the information, which shall be no sooner than 20 days after the date of the notice. If the council will be seeking assistance from the department of justice, the council shall inform the petitioner of the anticipated amount of time that will be needed to obtain such assistance.(d) If assistance from the department of justice is not required, the council shall issue a written response to the person filing the petition for declaratory ruling within 30 days of the first council meeting following receipt of a complete petition.(e) If assistance from the department of justice is required, the council shall issue a written response to the person filing the petition for declaratory ruling within 30 days of the first council meeting following receipt of assistance from the department of justice.(f) Declaratory rulings issued by the department shall be filed with the director of legislative services in accordance with RSA 541-A:16, II(b).N.H. Admin. Code § Env-AC 207.03
#6586, eff 9-23-97; ss by #8267-A, eff 1-25-05