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Petition for Declaratory Ruling
- Any interested person may at any time request a declaratory ruling of the Council with respect to the applicability to such person of any statute, or the validity or applicability of any regulation, final decision, or order enforced, administered, or promulgated by the Council. Such request shall be addressed to the Council and sent to the principal office of the Council by mail or delivered in person during normal business hours. The request shall be signed by the person in whose behalf the inquiry is made. It shall give the address of the person inquiring and the name and address of such person’s attorney, if applicable. The request shall state clearly and concisely the substance and nature of the request; it shall identify the statute, regulation, final decision, or order concerning which the inquiry is made and shall identify the particular aspect to which the inquiry is directed. The request for a declaratory ruling shall be accompanied by a statement of any supporting data, facts, and arguments that support the position of the person making the inquiry. Where applicable, Sections 16-50j-13 through 16-50j-17 of the Regulation of Connecticut State Agencies govern the request for participation in the proceeding. (Regs., Conn. State Agencies § 16-50j-39)
- Within thirty (30) days after receipt of a petition for a declaratory ruling, the Council shall give notice of the petition to all persons to whom notice is required by any provision of law and to all other persons who have requested notice of declaratory ruling petitions on the subject matter of the petition. The Council may receive and consider data, facts, arguments, and opinions from persons other than the persons requesting the ruling. (Regs., Conn. State Agencies § 16-50j-40 (a))
- If the Council deems a hearing necessary or helpful in determining any issues concerning the request for a declaratory ruling, the Council shall schedule such hearing and give notice thereof as shall be appropriate. (Regs., Conn. State Agencies § 16-50j-40 (b))
- Within sixty (60) days after receipt of a petition for a declaratory ruling, the Council, in writing, shall:
- Issue a ruling declaring the validity of a regulation or the applicability of the provision of the general statutes, the regulation, or the final decision in question to the specified proceedings;
- Order the matter set for a specified proceeding;
- Agree to issue a declaratory ruling by a specified date;
- Decide not to issue a declaratory ruling and initiate regulation-making proceedings under General Statutes § 4-168 on the subject; or
- Decide not to issue a declaratory ruling, stating the reasons for its action. (Regs., Conn. State Agencies § 16-50j-40 (c))
- A copy of all rulings issued and any actions taken shall be promptly delivered to the petitioner and other parties personally or by United States mail, certified or registered, postage pre-paid, return receipt requested. A declaratory ruling shall contain the names of all parties to the proceeding, the particular facts in which it is based, and the reasons for its conclusion. (Regs., Conn. State Agencies § 16-50j-40 (d))
- The filing fee for a declaratory ruling is $625. The expenses incurred for a field inspection shall not exceed $500 per review. Assessments shall be made to cover all other expenses incurred by the Council. Any fees which are in excess of the actual expenses of the Council will be refunded to the petitioner. (Regs., Conn. State Agencies §§ 16-50v-la (a), 16-50v-la (c), and 16-50v-la (e))
This overview is designed to answer general questions and provide basic information. Reference should be made to the appropriate statutes and regulations for specific regulatory language. Asserting a person’s rights and privileges is his or her responsibility. Although it is not obligatory, it is a person’s prerogative to obtain legal counsel.
Content Last Modified on 11/19/2010 10:05:06 AM