N.J. Admin. Code § 13:69-3.7

Current through Register Vol. 56, No. 21, November 4, 2024

Section 13:69-3.7 - Declaratory rulings

(a) Pursuant to 52:14B-8, any interested person may request that the Division render a declaratory ruling with respect to the applicability to any person, property or state of facts of any provision of the Act or of any Division rule.

(b) A request for a declaratory ruling shall be initiated by a petition. The petition shall include the following items with specificity:

1. The nature of the request and the reasons therefore;

2. The facts and circumstances underlying the request;

3. Legal authority and argument in support of the request; and

4. The remedy or result desired.

(c) If the Division, in its discretion, decides to render a declaratory ruling, a hearing shall be afforded prior to the rendering of such a ruling.

1. Where there exists disputed issues of fact which must be resolved in order to determine the rights, duties, obligations, privileges, benefits or other legal relations of specific parties, such hearings shall be conducted in accordance with N.J.A.C. 13:69B-2.

2. Where there exists no such disputed issues of fact as identified in (c)1 above, the matter shall proceed on the petition, any other papers requested of the parties, and oral argument, if permitted by the Division.

(d) In appropriate cases, the Division may notify persons who may be interested in or affected by the subject of the declaratory ruling. In such cases, the Division may afford these persons an opportunity to intervene as parties or to otherwise present their views in an appropriate manner which is consistent with the rights of the parties.

N.J. Admin. Code § 13:69-3.7