Section 1-92-39b - Procedures after petition for declaratory ruling filed(a)Notice to persons. The Citizen's Ethics Advisory Board may give notice to any person that such a declaratory ruling has been requested and may receive and consider facts, arguments, and opinions from persons other than the petitioner. In all cases, within thirty days the Citizen's Ethics Advisory Board will give notice to the subject of the request, if the subject is not the petitioner (e.g., when a member of the public requests a declaratory ruling regarding a state official), and to any other person to whom notice is required by law. Additionally, whenever the subject of the request is a public official or state employee, the Citizen's Ethics Advisory Board will, within thirty days, give notice of the petition to the official's or employee's department, agency, board, or commission.(b)Decision on petition, ruling granted. If the Citizen's Ethics Advisory Board determines to render a declaratory ruling, within sixty days it shall: (1) issue the ruling; (2) order the matter set for a hearing; or (3) agree to issue the ruling by a specified date.(c)Provision for hearing. If the Citizen's Ethics Advisory Board deems a hearing necessary or helpful in determining any issue concerning the request for a declaratory ruling, the Citizen's Ethics Advisory Board may schedule such hearing and give such notice thereof as is appropriate.(d)Decision on petition, ruling denied. If the Citizen's Ethics Advisory Board determines not to render a declaratory ruling, within sixty days it will either state the reasons for its denial or initiate regulation-making proceedings on the subject. If the Citizen's Ethics Advisory Board fails to issue a declaratory ruling within one hundred eighty days after the filing of the petition, or within such longer period as may be agreed to by the parties, the Citizen's Ethics Advisory Board will be deemed to have decided not to issue a ruling.(e) A copy of all rulings issued and any actions taken under subsections (b) and (d) of this section shall be promptly delivered to the petitioner and other parties personally or by United States mail, certified or registered, postage prepaid return receipt requested. Additionally, copies will be sent to the petitioner's attorney, if applicable, and to any other person who has filed with the Citizen's Ethics Advisory Board a written request for a copy.(f) Declaratory rulings are "final decisions" of the Citizen's Ethics Advisory Board for purposes of sections 1-87 and 1-98 of the Connecticut General Statutes. Reconsideration of the declaratory ruling may be, but need not be, requested of the Citizen's Ethics Advisory Board prior to an appeal.Conn. Agencies Regs. § 1-92-39b
Effective June 16, 1993; Amended January 2, 2008; amended 5/11/2023