FOI: Section 1-21j-48 Procedure after petition for declaratory ruling filed

Section 1-21j-48  Procedure after petition for declaratory ruling filed
 
 
(a) Notice. Within thirty (30) days after receipt of a petition for a declaratory ruling, the commission shall give notice of the petition to all persons to whom notice is required by any provision of law and to all persons who have requested notice of the declaratory ruling petitions on the subject matter of the petition.

(b) Parties and intervenors. If the commission finds that a timely petition to become a party or to intervene has been filed according to sections 1-21j-1 to 1-21j-57, inclusive, of the Regulations of Connecticut State Agencies, the commission may grant a person: (1) status as a party if the commission finds that the petition states facts demonstrating that the petitionerís legal rights, duties or privileges shall be specifically affected by the commission proceeding; or (2) status as an intervenor if the commission finds that the petition states facts demonstrating that the petitionerís participation is in the interests of justice and shall not impair the orderly conduct of the proceedings. The commission or presiding officer may define an intervenorís participation in the manner set forth in subsection (d) of section 4-177a of the general statutes.

(c) Commission action. Within sixty (60) days after receipt of a petition for a declaratory ruling, the commission in writing shall: (1) 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 circumstances; (2) order the matter set for specified proceedings; (3) agree to issue a declaratory ruling by a specified date; (4) decide not to issue a declaratory ruling and initiate regulation-making proceedings, under section 4-168 of the general statutes, on the subject; or (5) decide not to issue a declaratory ruling, stating the reasons for its action.

(d) Provision for hearing. If the commission deems a hearing necessary or helpful in determining any issue concerning a petition for declaratory ruling, the commission shall schedule such hearing and give such notice thereof as shall be appropriate. The provisions of sections 1-21j-1 to 1-21j-57, inclusive, of the Regulations of Connecticut State Agencies concerning contested cases govern the practice and procedure of the commission in any hearing concerning a declaratory ruling.

 
 




Content Last Modified on 10/19/2011 8:44:38 AM