Section Bfa 202.01 - Procedure for Obtaining Declaratory RulingsPersons may apply to the executive director for a declaratory ruling as to the applicability of any statutory provision pertaining to, or rule or order of, the authority in accordance with the following procedure:
(a) A person requesting a declaratory ruling shall submit, in writing, a detailed request for a declaratory ruling setting forth the statutory provision, rule, or order which is questioned and the project or activity in question. All such requests shall be typed and legible.(b) A request for a declaratory ruling shall be signed by the person requesting same and shall contain the person's address or an address to which correspondence may be sent.(c) After consideration in conjunction with the board, the executive director shall prepare a written response, based upon the board's considerations, to the request and the reasons for the response within 30 days. However, if the executive director, in conjunction with the board, determines that an answer to the question necessitates referral of the matter to the office of the attorney general or the authority's bond counsel, the executive director shall refer the question to the department of justice or the authority's bond counsel within 7 days following receipt of an application. Upon receipt of an opinion or ruling from the attorney general or the authority's bond counsel, the executive director shall within 7 days send a written response to the applicant.(d) In the event the executive director determines that an application provides insufficient information upon which to make the requested ruling, the executive director shall return the application to the applicant within 7 days with a written statement indicating the nature of the deficiencies.N.H. Admin. Code § Bfa 202.01
(See Revision Note at chapter heading for Bfa 100) #5719, eff 10-13-93