Section 6-38b-21 - Petitions for declaratory rulings(a)General rule. Subsections (b) and (c) of section 6-38b-21 of the Regulations of Connecticut State Agencies set forth the procedure to be followed by the commission in the disposition of a petition for a declaratory ruling as to the applicability to specified circumstances of any provision of any statute or of any regulation or final decision on a matter within the commission's jurisdiction.(b)Form of petition for declaratory ruling. Any person may petition the commission, or the commission may on its own motion initiate a proceeding, for a declaratory ruling as to the validity of any of its regulations, or the applicability to specified circumstances of any provision of any statute, or any regulation, or final decision on a matter within the commission's jurisdiction. The petition shall conform to this subsection. Such petition shall be addressed to the commission and delivered to it at its principal office. The petition shall contain the name and address of such petitioner. The petition shall (1) state clearly and concisely the substance and nature of the petition; (2) identify the statute, regulation or order concerning which the petition is made; and (3) identify the particular aspect thereof to which the petition is directed. The petition for a declaratory ruling shall be accompanied by a statement of any supporting data, facts and arguments that support the position of the petitioner.(c)Procedure after petition for declaratory ruling filed.(1) 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 who have requested notice of the declaratory ruling petitions on the subject matter of the petition.(2) Parties and intervenors. If the commission finds that a timely petition to become a party or to intervene has been filed according to section 6-38b-19 of the Regulations of Connecticut State Agencies, the commission: (A) may grant a person status as a party if the commission finds that the petition states the facts demonstrating that the petitioner's legal rights, duties or privileges shall be specifically affected by the commission proceedings; and (B) may grant a person status as an intervenor if the commission finds that the petition states facts demonstrating that the petitioners participation is in the interests of justice and will not impair the orderly conduct of the proceedings. The commission may define an intervenor's participation in the manner set forth in subsection (d) of section 4-177a of the Connecticut General Statutes.(3) Commission action. Within sixty (60) days after receipt of petition for a declaratory ruling, the commission in writing shall: (A) issue a ruling declaring the validity of a regulation or the applicability of the provision of the Connecticut General Statutes, the regulation, or the final decision in question to the specified circumstances; (B) order the matter set for specified proceedings; (C) agree to issue a declaratory ruling by a specified date; (D) decide not to issue a declaratory ruling and initiate regulation-making proceedings, under section 4-168 of the Connecticut General Statutes, on the subject; or (E) decide not to issue a declaratory ruling, stating the reasons for its action.(4) Provision for hearing. If the commission deems a hearing necessary or helpful in determining any issue concerning the petition for a declaratory ruling, the commission shall schedule such hearing and give such notice thereof as shall be appropriate. Section 6-38b-9 of the Regulations of Connecticut State Agencies governs the practice and procedure of the commission in any hearing concerning a declaratory ruling.Conn. Agencies Regs. § 6-38b-21
Adopted effective November 4, 2002