N.H. Admin. Code § Cub 205.02

Current through Register No. 45, November 7, 2024
Section Cub 205.02 - Petition for Declaratory Ruling
(a) Any person filing a petition for declaratory ruling with the board shall file it at least 90 days prior to the date of the proposed action and include:
(1) Full name and address of each interested party;
(2) A full and precise statement of the reasons for the proposed action;
(3) A detailed description of the proposed action;
(4) True copies of all documents involved in the proposed action;
(5) Reference to the RSA sections and rules relating to the subject of the petition; and
(6) A statement whether, to the best of the petitioner's knowledge, the issue which is the subject of the petition is pending in litigation.
(c) A petition for a declaratory ruling shall be accompanied by a declaration by the petitioner stating:

"I declare that I have examined the petition, including the accompanying documents and to the best of my knowledge and belief, the facts presented in support of the requested declaratory ruling are true, correct and complete."

(d) The board shall, within 30 days after receipt of a petition for a declaratory ruling, advise the petitioner:
(1) If additional information or representations are required when necessary in order to make a decision; or
(2) If the complexity of the petition leads the board to foresee a delay in the issuance of a ruling.
(e) After the board has received a response to any, and all, requests for additional information or representations, the board shall issue a declaratory ruling applying any applicable statutes, rules or court opinions to the proposed action described in the petition.

N.H. Admin. Code § Cub 205.02

#8570-A, eff 2-18-06