N.H. Admin. Code § Pdab 204.02

Current through Register No. 50, December 12, 2024
Section Pdab 204.02 - Action on Petitions
(a) If examination of a petition for declaratory ruling reveals that other persons would be substantially affected by the proposed ruling, the board shall require service of the petition on such persons and advise them that they may file a reply.
(b) The petitioner and any persons served with notice of the petition shall provide such further information or participate in such evidentiary or other proceedings as the board might direct after reviewing the petition and any replies received.
(c) For the purposes of (a) and (b), service of the petition shall be, at a minimum, completed by sending a copy of the petition to the affected persons via certified mail.
(d) The board shall act on the petition as follows:
(1) Issue a written ruling within 30 calendar days after receipt of all information or the conclusion of any evidentiary or other proceeding; or
(2) Reject the petition if:
a. It is incomplete;
b. It involves a hypothetical situation or otherwise seeks advice as to how the board would decide a future case;
c. It does not implicate the legal rights or responsibilities of the petitioner;
d. It is beyond the scope of the board's statutory authority;
e. There is pending legislation or rulemaking, a pending administrative or judicial proceeding, or a pending investigation or examination that will address the petition; or
f. Other procedural options are available to the interested parties or the board.

N.H. Admin. Code § Pdab 204.02

Derived from Number 2, Filed January 12, 2023, Proposed by #13500-A, Effective 12/2/2022.