Section Hum 318.02 - Petitions for Declaratory Rulings(a) Any person or entity may petition for a declaratory ruling if that person or entity is potentially subject to allegations of discrimination as further described in Hum 318.01.(b) A petition for a declaratory ruling: (1) Shall relate only to actual present or potential future circumstances;(2) Shall not relate to past or purely hypothetical circumstances;(3) Shall not relate to circumstances forming the foundation for a pending investigation, administrative hearing or litigation in any state or federal agency or court;(4) Shall be written in such a manner as to avoid references to:a.Specific individuals and entities;c.Information which is confidential pursuant to RSA 91-A; andd.Information which is confidential pursuant to any law or pursuant to the order of any administrative agency or court;(5) Shall, if accompanied by supporting documents, be accompanied only by documents which do not refer to the information listed in (4)a. above or from which such information has been redacted;(6) Shall, at the option of the petitioner, be accompanied by additional material chosen to clarify the petition;(7) Shall include the information required by (c) below; and(8) Shall include the following declaration signed by the individual submitting the petition, the authorized representative of such individual, or the authorized representative of the entity submitting the petition: "I declare that I have examined this petition for a declaratory ruling, including the accompanying documents, and state that, to the best of my knowledge and belief, the petition complies with the administrative rules governing declaratory rulings by the New Hampshire Commission for Human Rights, and that the facts presented in the petition are true, correct and complete".
(c) A petition for declaratory ruling shall include:(1) The name and address of the person submitting the petition or the individual submitting it on behalf of another person or of an entity;(2) A description of the set of facts to which the petition relates;(3) Identification of the particular administrative rule(s), statute(s) or order(s) the petitioner believes might apply to the facts presented; and(4)The specific question(s) which the petitioner wants answered, stated in terms of:
a.Whether or not the rule(s), statute(s) or order(s) identified by the petitioner would apply to the facts stated by the petitioner; andb.If so, how they would apply.N.H. Admin. Code § Hum 318.02
(See Revision Note at chapter heading for Hum 300) #8815-A, eff 2-3-07