Section Per-A 201.03 - Declaratory Rulings(a) Any person may petition the board in writing for a declaratory ruling concerning the applicability of a rule or statute within the board's jurisdiction, or an order of the board, to a specific set of circumstances by filing an original and 5 additional hard copies of the petition in accordance with this section and Per-A 204.02(a) through (f).(b) Such petition shall: (1) Be in legible written form;(2) Be addressed to the board at the address set forth in Per-A 104.01(d);(3)State the name and address of the individual petitioner and his or her representative, if any, or, if the request is that of an organization or other entity, the identity of such organization or entity and the name and address of the representative authorized by the organization or entity to file the petition;(4) Cite the particular statute, rule or order at issue;(5) Describe the specific facts regarding which a request for declaratory ruling is requested;(6) Contain the specific question presented, stated in terms of whether or not a particular rule, order or statutory provision would apply to the circumstances stated;(7) Explain why the language of the statute, rule or order makes its applicability unclear as applied to the facts presented, including in such explanation reference to any statutes, rules, orders or other legal authority which are alleged to support the petitioner's position and any legal memoranda, affidavits, tables, exhibits and other relevant documentation that the petitioner contends supports the requested ruling;(8) Not relate to a matter that is currently subject to an appeal, which is currently subject to a determination by an appointing authority or the director of personnel, or which is the topic of a current dispute involving an appointing authority or the director of personnel;(9) Relate only to rules or orders of the board, or statutes pertaining to the board, and not to rules or orders of other entities, or statutes pertaining to other entities, including the division of personnel; and(10) Be dated and contain the following declaration signed by the individual making the petition: "I declare that I have examined this petition for declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the request meets the requirements of Per-A 201.03 and the facts presented in support of the petition are true, correct and complete."
(c) In accordance with RSA 541-A: 29, I, the board shall examine the petition within 60 days of receipt and notify the petitioner if the petition is incomplete or if the board requires additional information or material in order to issue its ruling.(d) If, within 30 days of the issuance of a notification under (c) above, the petitioner does not submit the information or material requested, the board shall, within 120 days of the date of the initial submission, deny the petition.(e) Within 120 days of receiving a fully completed petition containing all information or material, if any, requested under (c) above, the board shall either deny the petition or issue a declaratory ruling.(f) The board shall deny the petition if it concludes that the petition: (1) Relates to a matter that is currently subject to an appeal, currently subject to a determination by an appointing authority or the director of personnel, or is the topic of a current dispute involving an appointing authority or the director of personnel;(2) Relates to a rule or order of an entity other than the board, or to a statute pertaining to an entity other than the board, including the division of personnel; or(3) Presents a question other than whether or not a particular rule, order or statutory provision applies to particular circumstances stated; or(4) Fails to comply with paragraphs (a) and (b) above.(g) If the petition is not denied, the board shall issue a declaratory ruling stating whether the particular rule or order of the board, or the particular statute relating to matters within the jurisdiction of the board, applies to the specific set of circumstances presented.(h) A declaratory ruling issued by the board shall:(1) Apply only to the person requesting it;(2) Be confined to the facts and information contained in the filing or other submissions made to the board in conjunction with the petition;(3) Not constitute a finding that the particular facts presented in the petition have or have not occurred as stated; and(4) Be subject to re-examination and revision if presented in the context of a particular case pending before the board.(i) Pursuant to RSA 541-A:16, II (b), declaratory rulings shall be filed with the director of legislative services.N.H. Admin. Code § Per-A 201.03
(See Revision Note at chapter heading for Per-A 200) #7378, eff 10-23-00; ss by #9205, eff 10-23-08