Connecticut Administrative Code › Title 16 - Public Service Companies › 50j - Community Antenna Television and Telecommunications Towers › Rules of Practice › Article 3 - MISCELLANEOUS PROCEEDINGS › Part 2 - Petitions for Declaratory Rulings › Section 16-50j-40 - Procedure after petition filed

Current through July 10, 2024
(a)
Notice to
					 other persons.
Prior to submitting a petition for a declaratory ruling
						to the Council, the petitioner shall, where applicable, provide notice to each
						person other than the petitioner appearing of record as an owner of property
						which abuts the proposed primary or alternative sites of the proposed facility,
						each person appearing of record as an owner of the property or properties on
						which the primary or alternative proposed facility is to be located, and the
						appropriate municipal officials and government agencies. Proof of such notice
						shall be submitted with the petition for declaratory ruling. These notice
						requirements are applicable to proposed facilities that, by statute, are
						required to be approved by a declaratory ruling in lieu of a certificate under
						Section
						16-50k
						of the Connecticut General Statutes, and to petitions for a declaratory ruling
						that the subject of the petition does not constitute a facility. The term
						"appropriate municipal officials and government agencies" means, in the case of
						a facility required to be approved by declaratory ruling, the same officials
						and agencies to be noticed in the application for a certificate under Section
						16-50
l
of the Connecticut General Statutes. Petitioners seeking a
						declaratory ruling where the subject of the petition is not a facility, shall
						serve notice to the chief elected official of the municipality where the
						proposed project is located in whole or in part. Within 30 days after receipt
						of a petition for a declaratory ruling, the Council shall give notice of the
						petition to all persons to whom notice is required by any provision of law and
						to all persons who have requested notice of declaratory ruling petitions on the
						subject matter of the petition. The notice provided by the Council shall
						provide contact information for the Council, a timeline for public involvement
						and the date, place and time for any scheduled field review of the proposed
						project. The Council may receive and consider data, facts, arguments, and
						opinions from persons other than the persons requesting the ruling.
(b)
Provision for
					 hearing.
If the Council deems a hearing necessary or helpful in
						determining any issue concerning the request for a declaratory ruling, the
						Council shall schedule such hearing and give such notice thereof as shall be
						appropriate. The contested case provisions of Sections
						16-50j-13
						to
						16-50j-34,
						inclusive, of the Regulations of Connecticut State Agencies shall govern the
						practice and procedure of the Council in any hearing concerning a declaratory
						ruling.
(c)
Decision
					 on petition.
Within 60 days after receipt of a petition for a
						declaratory ruling, the Council in writing shall:
(1) 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
					 proceedings;
(2) order the matter
					 set for specified proceedings;
(3)
					 agree to issue a declaratory ruling by a specified date;
(4) 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
(5) decide not to issue a declaratory ruling,
					 stating the reasons for its action.