Section Csp 202.02 - Requests for Declaratory RulingsPersons may request from the commission a declaratory ruling as to the applicability of any statutory provision pertaining to, or rule or order or decision of, the commission in accordance with the following procedures:
(a) A person requesting a declaratory ruling shall submit, in writing, a detailed request for a declaratory ruling setting forth:(1) The statutory provision, rule, order, or decision which is questioned;(2) All facts material to the project or activity in question; and(3) A description of the action which petitioner wishes the commission to take.(b) Any requests for a declaratory ruling shall be typed and legible;(c) 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;(d) After consideration by the commission, the commission shall prepare a written response to the request and the reasons for its decision within 30 days. However, if the commission determines that an answer to the question necessitates referral of the matter to the department of justice, the commission shall refer the question to the department of justice within 7 days following receipt of request. Upon receipt of an opinion or ruling from the department of justice, the commission shall within 7 days send a written response to the requestor.(e) In the event the commission determines that an application provides insufficient information upon which to make the requested ruling, the commission shall return the application to the applicant within 7 days with a written statement indicating the nature of the deficiencies. The applicant may resubmit the request for a declaratory ruling after attending to the deficiencies set forth by the commission.(f) Within 30 days of the commission's written response to the requestor, the requestor may appeal such decision by written application to the New Hampshire superior court, in the county in which the requestor resides, or if the requestor does not resided in New Hampshire, in the New Hampshire superior court of Merrimack County. The superior court shall determine de novo the correctness of the commission's decision. If no such written application is filed with the superior court, the commission's decision shall be final.N.H. Admin. Code § Csp 202.02
#7083, eff 8-26-99, EXPIRED: 8-26-07
New. #9584, eff 11-2-09