SECTION 330:1-3-8. Declaratory ruling

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  • (a)   Request contents. The Trustees may honor requests from interested persons for interpretative opinions as to the applicability of any rule or order, if it be shown that an actual case, controversy, or issue is in contemplation and that unreasonable hardship, loss or delay would result if the matter were not determined in advance. The request should set forth the following information:
    (1)   the name and address of the person or entity requesting the declaratory ruling;
    (2)   the full text of the rule involved;
    (3)   the basis for requesting the declaratory ruling, including the basis for contesting the validity of the rule, if applicable; and
    (4)   any court cases, Attorney General's opinions, or other explanatory material supporting the position of the person or entity seeking the ruling.
    (b)   Hearing. Upon receipt of the request, the Trustees shall proceed to set the matter for hearing in accordance with Sections 309-323 of the APA and of 330:1-5-1.
    (c)   Review. Any person aggrieved by a declaratory ruling of OHFA may seek a review of the decision of OHFA in accordance with Sections 317 through 323 of the APA and of Subchapter 5 of this Chapter. Nothing herein shall impair the right of any person to seek a declaratory judgment respecting a rule's validity or applicability in accordance with Section 306 of the APA.