SECTION 460:1-9-3. Petitions for declaratory rulings

Latest version.
  •   Any person may file a request for a declaratory ruling by the Commission as to the application or enforcement of any rule, regulation or statute to a given set of circumstances.
    (1)   Such requests shall be in writing, signed by the person seeking the ruling, state the rule, regulation or statute involved and contain a brief and concise statement of facts to which the ruling shall apply. Requests shall be submitted to the Commission at its office. The Commission will consider the request at its next regular or special meeting unless the question has been resolved by prior ruling of the Commission, in which event the petitioner shall be promptly notified of the prior ruling.
    (2)   The Commission may defer action or hold such requests in its agenda pending any investigation or hearing which the Commission might conduct. The Commission shall issue the requested rulings promptly upon the determination thereof or send an explanation to the petitioner stating why a ruling will not be issued. Unless a ruling states otherwise, rulings contemplated herein shall constitute precedent for the purpose of the Commission's application and enforcement of its rules, regulations and statutes unless revoked or overruled by the Commission or the Courts. Such rulings shall be indexed by statute, section or rule number and shall be available for inspection by members of the public at the Commission office. With respect to indexed rulings, the Commission may delete nonessential or repetitive information and may edit any ruling to protect proprietary or confidential information.