Section Tra 103.02 - Petitions for Declaratory Rulings(a) Any interested person may petition the department, through the commissioner, requesting a declaratory ruling on the applicability of any statute or rule administered or enforced by the department. Such petitions shall conform to the requirements set out in Tra 103.03 and shall be received and disposed of pursuant to (b) below:(b) Petitions for declaratory rulings shall be handled as follows: (1) Petitions shall be submitted to the office of the commissioner.(2) If the commissioner determines that any petition is deficient in any respect the commissioner shall, within 10 working days of receipt of the deficient petition, notify the petitioner in writing of the specific deficiencies and allow the petitioner to amend the petition.(3) When an acceptable petition for a declaratory ruling has been received by the commissioner, he/she shall take one of the following actions:a. Issue a declaratory ruling responsive to the petition within 60 days; orb. If deemed necessary, request the opinion of the attorney general's office within 20 working days, and issue a responsive declaratory ruling within 20 working days of receipt of the attorney general's reply.(4) Responses to petitions for declaratory ruling that require legal analysis shall be referred to the office of the attorney general for an opinion.N.H. Admin. Code § Tra 103.02
#4595, eff 4-6-89; ss by #5605, eff 3-29-93