N.H. Admin. Code § Gal 216.02

Current through Register No. 50, December 12, 2024
Section Gal 216.02 - Petitions for Declaratory Rulings
(a) A petition for declaratory ruling shall:
(1) Be in writing;
(2) Relate only to actual, and not hypothetical, circumstances;
(3) Seek a ruling from the board only as to future conduct and not be utilized to obtain the board's approval or disapproval of conduct which has occurred in the past;
(4) Seek a ruling from the board only as to conduct which is not at that time the subject of a disciplinary proceeding before any entity;
(5) Be written in such a manner as to avoid reference to particular circumstances, information or identities of individuals which are confidential in nature pursuant to rules or orders of the board, orders of a court, statute or other law;
(6) Contain the information set forth in paragraph (c) below;
(7) Be accompanied by the fee set forth in paragraph (d) below; and
(8) If accompanied by supplementary material under Gal 216.03, contain supplementary material which has, as necessary, been redacted to avoid reference to particular circumstances, information or identities of individuals which are confidential in nature pursuant to rules or orders of the board, orders of a court, statute or other law.
(b) The following persons may petition the board for a declaratory ruling concerning the applicability of a particular rule or order of the board, or a statute relating to matters within the jurisdiction of the board, to a specific set of circumstances:
(1) Guardians ad litem certified under RSA 490-C;
(2) Guardians ad litem temporarily or conditionally certified under RSA 490-C; or
(3) Persons formerly certified by the board as a guardian ad litem.
(c) A petition for declaratory ruling shall contain:
(1) The name and address of the individual making the request;
(2) A statement of whether the person submitting the request is:
a. A guardian ad litem certified under RSA 490-C;
b. A guardian ad litem temporarily or conditionally certified under RSA 490-C; or
c. A person formerly certified by the board as a guardian ad litem;
(3) The purpose of the request;
(4) Identification of the particular rule, statute or order that is at issue;
(5) A description of the specific set of facts at issue, presented in such a manner as to avoid reference to particular circumstances, information or identities of individuals which are confidential in nature pursuant to rules or orders of the board, orders of a court, statute or other law;
(6) The specific question presented, which shall be stated in terms of whether or not a particular rule, order or statutory provision would apply in the circumstances stated;
(7) The following declaration signed by the individual making the petition:

"I declare that I have examined this petition for declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the request meets the requirements of Gal 216.02(a) and the facts presented in support of the petition are true, correct and complete."

(d) The fee for the filing of a petition for declaratory ruling shall be as set forth in Gal 304.01.

N.H. Admin. Code § Gal 216.02

#8940, eff 9-15-07