(a)
Initiation of declaratory ruling proceedings
(1) Any person may petition the Commissioner
in writing to issue a declaratory ruling as provided by section
4-176
of the General Statutes. The petition shall identify clearly and with
particularity the facts and circumstances which give rise to the petition; any
statute, regulation, or final decision of the Department at issue and the
particular aspect of it to which the petition is addressed; and the question or
questions as to which the declaratory ruling is sought.
(2) A petition for declaratory ruling shall
be signed by the petitioner or by his attorney or other representative, if any,
and shall contain the address and telephone number of the petitioner and of his
attorney or other representative, if any. The petition shall be directed to the
Commissioner and shall be delivered personally or by mail.
(3) Any petition for declaratory ruling filed
with the Commissioner shall be accompanied by an affidavit that the petitioner
has given notice of the substance of the petition, and of the opportunity to
file comments and to request intervenor or party status under subdivision (c)
(1) of this section, to all persons known by the petitioner to have an interest
in the subject matter of the petition. Unless the Commissioner has provided for
another method reasonably calculated to apprise interested persons of the
petition, such notice shall be delivered to each such person personally or by
mail, except that if there are more than fifty such persons, the petitioner may
instead publish such notice in a newspaper of general circulation in the area
where each such person resides or his principal place of business is located.
The petitioner's affidavit shall contain the name and address of each person to
whom the notice was personally delivered or mailed, the date of personal
delivery or mailing, and, if applicable, the name of the newspaper(s) in which
such notice was published, the date of publication, and the reasons why
newspaper notice was published.
(4)
Within thirty days after he receives a petition for declaratory ruling filed in
accordance with subdivisions (1), (2), and (3) of this section, the
Commissioner shall mail notice thereof to (A) any person who has requested
notice under subsection (b) of this section, (B) any person who has been given
status in the declaratory ruling proceeding as a party or an intervenor
pursuant to subdivision (c) (1) of this section, and (C) any person to whom
notice is required by any provision of law.
(5) The Commissioner may on his own
initiative commence a proceeding for the issuance of a declaratory ruling as
provided by section
4-176
of the General Statutes. At least sixty days before a hearing is held in such
proceeding or, if no hearing is held, at least sixty days before he issues the
declaratory ruling, the Commissioner shall mail notice of the proceeding to (A)
all persons who have requested notice under subsection (b) of this section and
(B) all persons known to have an interest in the subject matter of the
declaratory ruling proceeding, except that if there are more than fifty such
persons, the Commissioner may instead publish such notice in a newspaper of
general circulation in the area where each such person resides or has his
principal place of business. Such notice, whether mailed or published, shall
provide information about the opportunity to file comments and to request
intervenor or party status under subdivision (c) (1) of this section.
(b)
Requests for notice of
declaratory rulings
Any person may request that the Department provide notice of
the filing of declaratory ruling petitions, or the commencement by the
Commissioner on his own initiative of declaratory ruling proceedings, on a
particular subject matter or matters. A request for such notice shall be made
in writing and directed to the Director of Education and Publications in the
Department's Bureau of Environmental Services, and shall contain a specific
statement of the subject matter(s) with which the requester is concerned. A
request under this subsection shall be effective only for the calendar year in
which it is made and shall expire on December 31.
(c)
Proceedings on declaratory
rulings
(1) Following the receipt of a
petition for declaratory ruling filed in accordance with subdivisions (1), (2),
and (3) of subsection (a) of this section or the issuance of notice under
subdivision (5) of such subsection that the Commissioner on his own initiative
has commenced a declaratory ruling proceeding, any person may file a request to
become a party or intervenor. Such a request, and disposition thereof, shall be
governed by the provisions of subsection (k) of section
22a-3a-6 of these
Rules of Practice.
(2) Whether or
not a hearing is held in a proceeding for a declaratory ruling, any person may
file written comments in connection with such proceeding. Comments shall be
directed to the Commissioner, shall be signed by the commenter or by his
attorney or other representative, if any, and shall contain the name and
telephone number of the commenter and his attorney or other representative, if
any. Unless the Commissioner provides otherwise, comments shall be filed within
thirty days after receipt of mailed notice or publication of newspaper notice,
under subdivision (a) (3), (4), or (5) of this subsection. Comments shall be
delivered personally or by mail.
(3) Within sixty days after receipt of a
petition for declaratory ruling filed in accordance with subdivisions (a) (1),
(2), and (3) of this section or the issuance of notice under subdivision (a)
(5) of this section that the Commissioner on his own initiative has commenced a
proceeding for a declaratory ruling, the Commissioner shall take action in
accordance with subsection (e) of section
4-176
of the General Statutes. The Commissioner's decision under such subsection, and
any declaratory ruling subsequently issued, shall be sent by certified mail,
return receipt requested, to (A) any person granted status as a party or
intervenor under subdivision (1) of this subsection; (B) any person who filed
comments under subdivision (2) of this subsection; and (C) the petitioner, if
applicable.
(4) The Commissioner
may direct that a hearing be held in a declaratory ruling proceeding when a
fact or facts must be determined to make the declaratory ruling or when in his
judgment a hearing is otherwise appropriate. A hearing in a declaratory ruling
proceeding shall be governed by section
22a-3a-6 of these
Rules of Practice.