Section Plc 210.05 - Action on Petition for Declaratory Ruling(a) Subject to (c), below, the executive director shall make a decision on the petition and, if the petition is not denied, issue a declaratory ruling in writing within 60 days of:(1) Receipt of the petition, if no additional information or explanation from the petitioner or assistance from the department of justice is needed;(2) Receipt of all additional information and explanations requested from the petitioner pursuant to Plc 210.04(d); or(3) Receipt of advice from the department of justice, if advice is requested.(b) Subject to (c), below, a policy-autonomous board shall make its decision on the petition and, if the petition is not denied, issue a declaratory ruling in writing within 60 days of the board's first meeting after:(1) Receipt of the petition, if no additional information or explanation from the petitioner or assistance from the department of justice is needed;(2) Receipt of all additional information and explanations requested from the petitioner pursuant to Plc 210.04(d); or(3) Receipt of advice from the department of justice, if advice is requested.(c) If additional information is requested from the petitioner and is not received in time for a decision to be made and declaratory ruling issued within 60 days of receipt of the petition, the executive director or board, as applicable, shall request the petitioner to agree to an extension as provided in RSA 541-A:29, IV. If the petitioner does not agree to an extension and a reasoned decision cannot be made without the information requested from the petitioner, the petition shall be denied and no declaratory ruling shall be issued.(d) If advice from the department of justice is requested and is not expected to be received within 60 days of receipt of the petition, the executive director or board, as applicable, shall request the petitioner to agree to an extension as provided in RSA 541-A:29, IV. If the petitioner does not agree to an extension, the executive director or board, as applicable, shall make a decision within 60 days of receipt. If the decision is to deny the petition, no declaratory ruling shall be issued.(e) A copy of each declaratory ruling shall be filed with the director of legislative services as required by RSA 541-A:16, II(b).(f) A copy of each declaratory ruling or denial of a petition shall be: (1) Sent to the petitioner by first class mail, or by email if the petitioner filed electronically or filed on paper but provided an email address and agreed to receive the decision via email; and(2) Sent to any other person who was served pursuant to Plc 210.02(c) in the same manner as service was made.(g) If the executive director determines that the technical expertise of an advisory board is needed to respond to a petition for a declaratory ruling, the executive director shall consult with the advisory board prior to responding to the petition.N.H. Admin. Code § Plc 210.05
Derived from (See Revision Note at chapter heading for Plc 200), Proposed by #13427, Effective 8/4/2022.Amended by Number 2, Filed January 11, 2024, Proposed by #13837, Effective 12/28/2023 (See Revision Note #2 at chapter heading for Plc 200).