N.H. Admin. Code § Gal 216.04

Current through Register No. 50, December 12, 2024
Section Gal 216.04 - Processing Petitions for Declaratory Rulings
(a) A petition for declaratory ruling shall be considered filed when the petition, the fee and any supplementary material submitted under Gal 216.03 are received by the board.
(b) Within 60 days of filing, the board shall examine the petition and notify the applicant of any apparent errors or omissions and of any additional information or documents required by the board in order to issue a ruling.
(c) Within 30 days of the board's issuance of a notification under paragraph (b) above, the petitioner shall correct the error or omission or provide the additional information or documents requested.
(d) If the petitioner fails to correct the error or omission or provide the additional information or documents requested within 30 days of the board's issuance of a notification under (b) above, the board shall, within 120 days of filing, deny the petition.
(e) Within 120 days of filing, or within 120 days of the receipt of additional information requested under (b) above, if any, the board shall deny the petition if it concludes that:
(1) The petition relates to a rule, order or statute which it is not within the authority of the board to administer;
(2) The matter at issue is moot;
(3) The petition is filed for a purpose other than that specified in Gal 216.01;
(4) The petition fails to meet the requirements of Gal 216.02(a);
(5) The petition was filed by a person other than an individual listed in Gal 216.02(b);
(6) The petition does not contain the information set forth in Gal 216.02(c); or
(7) Actual payment to the board of the amount of the fee under Gal 216.02(d) has not been made.
(f) If the petition is not denied, the board shall, within 120 days of filing, or within 120 days of the receipt of the additional information requested under (b) above, if any, issue a declaratory ruling regarding the applicability of the particular rule or order of the board, or the particular statute relating to matters within the jurisdiction of the board, to the specific set of circumstances presented.
(g) If any item submitted by the petitioner contains material which the board concludes discloses, or would be likely to lead to the disclosure of, information, circumstances or identities of individuals which the board believes are confidential in nature pursuant to rules or orders of the board, orders of a court, statute or other law, the board shall issue such orders as it concludes are necessary to preserve confidentiality pursuant to RSA 490-C: 5-b IV through VIII.

N.H. Admin. Code § Gal 216.04

#8940, eff 9-15-07