SECTION 380:1-5-3. Consideration of the petition refusal to issue ruling

(a)   The petition will be considered by the Labor Commissioner at his earliest convenience, but in any event, a hearing shall be held on said petition within ninety (90) days after received by the Labor Commissioner, and the petitioner shall be notified promptly of the date by the Labor Commissioner, and shall be entitled to be present in person or represented by counsel. At this meeting the Labor Commissioner shall determine whether or not to issue a ruling or to continue the matter for hearing upon the petition. The Labor Commissioner may refuse to entertain a petition for a declaratory ruling if:

(1)   He determines that the facts stated in the petition do not afford an adequate basis therefor; or

(2)   The experience under the rule or order is not adequate to enable him to make an effective or proper ruling; or

(3)   The request is premature; or

(4)   The request is one that should be handled through rule making procedure; or

(5)   There exists other conditions rendering a declaratory ruling inopportune.

(b)   If the Labor Commissioner determines to entertain the petition for the declaratory ruling, he may issue the ruling immediately or he may continue the matter to a day certain for further consideration and for hearing of evidence and argument if necessary.

(c)   If the applicant is not represented at the preliminary consideration, he shall be notified of the ruling if one is issued, in accordance with the rules respecting notice of orders; or, if the matter is continued, he shall be notified of the continuance in accordance with the rules respecting notice of hearings in individual proceedings. If the applicant is present or is represented at the preliminary consideration, no further notice of the subsequent hearing than announcement in open meeting is necessary; but the applicant shall receive a written copy of any ruling that is issued, as in the case of orders.