N.H. Admin. Code § Hum 318.03

Current through Register No. 45, November 7, 2024

Section Hum 318.03 - Commission Responses to Petitions for Declaratory Rulings

(a) If a declaratory ruling will be delayed by the commission's need for additional information, the commission shall so notify the petitioner within 60 days of receipt of the petition.

(b) If additional information is required, the commission shall, in its notice to the petitioner:

(1) Specify the information required;

(2) Require that the additional information be provided in a statement that includes the declaration specified in Hum 318.02(b)(9);

(3) Request any material necessary to establish or clarify the additional information set forth in such statement; and

(4) Specify the date by which such information and materials are to be submitted.

(c) The commission shall deny in writing a petition for a declaratory ruling :

(1) Within 120 days of receipt of the petition if:

a.The petitioner is not a person or entity entitled to submit a petition;

b.The petition identifies no administrative rule(s), statute(s) or order(s) within the jurisdiction of the commission; or

c.The petition does not comply with Hum 318.02; and

(2) Within 120 days of the deadline set by the commission, if the petitioner does not timely provide the additional information and materials sought by the commission pursuant to (b) above.

(d) If the commission does not deny a petition for declaratory ruling, it shall grant the petition by ruling in writing on the questions stated by the petitioner pursuant to Hum 318.02(c)(4) within 120 days of the receipt of:

(1) The petition; or

(2) The additional information requested pursuant to (b) above.

(e) The commission shall draft declaratory rulings in a manner intended to avoid the disclosure of:

(1) The identity of specific individuals and entities;

(2) Business secrets;

(3) Information which is confidential pursuant to RSA 91-A; and

(4) Information which is confidential pursuant to any law or pursuant to the order of any administrative agency or court.

(f) In accordance with RSA 541-A:16, II (b), the commission shall file declaratory rulings on the day of issuance with the director of legislative services.

N.H. Admin. Code § Hum 318.03

(See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07