Connecticut Administrative Code › Title 22a - Environmental Protection › 3a - Rules of Practice › Section 22a-3a-4 - Declaratory rulings

Current through July 10, 2024
(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.