Sec.22a-3a-4. Declaratory rulings

(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.

(Effective June 19, 1992)