N.Y. Comp. Codes R. & Regs. tit. 15 § 176.2

Current through Register Vol. 46, No. 25, June 18, 2024

Section 176.2 - Procedures

(a) A petition for a declaratory ruling shall be in writing and signed by the petitioner, and must contain at least the following information:

(1) the name, address and telephone number of the petitioner;

(2) a complete and precise statement of the facts and grounds prompting the petition, including a full disclosure of the petitioner's interest;

(3) a clear concise statement of:

(i) the controversy or uncertainty that is the subject of the petition;

(ii) the petitioner's proposed resolution of that controversy or uncertainty; and

(4) citations to any applicable statutes, rules or other authorities involved.

(b) Petitions shall be addressed to the department's legal bureau and sent by certified mail, return receipt requested. The returned post office receipt shall constitute proof of service, which shall be deemed effective on the day such petition is received.

(c) A petitioner for a declaratory ruling shall promptly correct any deficiencies in a filed petition and shall make available for the department's use the originals, or, if so directed, certified or verified copies, of all books, papers, and documents that may be required. Failure to do so may be grounds for declining to issue a declaratory ruling.

(d) The legal bureau for the department shall receive such petitions and issue a declaratory ruling or a statement declining to issue a declaratory ruling or advise that an application should be declined as incomplete, ambiguous, inappropriate or unnecessary under the facts and circumstances recited in the petition.

(e) Where a petition seeks a declaratory ruling with respect to whether an action should be taken pursuant to a rule, the declaratory ruling or statement declining to issue a declaratory ruling will be issued within 60 days of the date the petition is received.

N.Y. Comp. Codes R. & Regs. Tit. 15 § 176.2