N.H. Admin. Code § Rko 221.02

Current through Register No. 36, September 5, 2024

Section Rko 221.02 - Requests for Declaratory Ruling

(a) Any person, whether or not a claimant, respondent, or intervenor in a case, may petition the ombudsman in writing for a declaratory ruling under this part.

(b) The petition shall:

(1) Be in hard copy;

(2) Be in legible written form;

(3) Be addressed to the ombudsman;

(4) Be delivered to the office at the address appearing in Rko 102.02;

(5) State:

a. The name of the person executing the petition;

b. The person's mailing address;

c. The person's telephone number;

d. The person's e-mail address, if any; and

e. If the request is made on behalf of another person, organization, or entity:

1. The name of the other organization, or entity;

2. The address of the other organization, or entity;

3. The other organization's or entity's telephone number;

4. The organization's or entity's e-mail address; and

5. A certification by the person executing the petition that they are authorized to file it on behalf of the other person, organization, or entity;

(6) Identify the particular statute, rule, or order in question;

(7) Describe the circumstances which gave rise to a question regarding the applicability of the statute, rule, or order;

(8) Explain why the language of the statute, rule, or order makes its applicability to the circumstances described unclear; and

(9) Be signed and dated by the person executing the request.

(c) Within 30 days of the receipt of the petition, the ombudsman shall notify the petitioner if the petition is incomplete or if additional information is required in order to reach a determination on the petition.

(d) Within 60 days of the receipt of a conforming petition, the ombudsman shall respond by stating whether or not the statute, rule, or order at issue applies to the specific set of circumstances presented, and what, if any, other action might be pursued.

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

N.H. Admin. Code § Rko 221.02

Derived from Number 19, Filed May 9, 2024, Proposed by #13921, Effective 5/20/2024.