Sec.3-11-25. Petition for declaratory ruling

(a) General. In addition to the provisions of Chapter 54, sections 3-11-6 to 3-11-25, inclusive, of these rules set forth the procedure to be followed by the Treasurer in the disposition of petitions for declaratory rulings as to the applicability of any statutory provision or of any regulation or order of the Treasurer.

(b) Form of petition for declaratory ruling. Any interested person may at any time petition for a declaratory ruling from the Treasurer with respect to the applicability to such petitioner of any statute, regulation or order enforced, administered, or promulgated by the Treasurer. Such petition shall be filed in accordance with the applicable provisions of sections 3-11-6 to 3-11-25, inclusive, of these regulations and shall in addition:

(1) state clearly and concisely the substance and nature of the request;

(2) identify the statute, regulation or order concerning which the inquiry is made; and

(3) identify the particular aspect thereof to which the inquiry is directed. The petition for a declaratory ruling shall be accompanied by a statement of any supporting data, facts, and arguments that support the position of the person making the inquiry.

(c) Notice to other persons. Within thirty days after receipt of a petition for a declaratory ruling, the Treasurer shall give notice to all persons entitled to notice under any provision of law, and to all persons who have requested notice of declaratory ruling petitions on the subject matter of the petition. The Treasurer may give notice to such other persons as he deems appropriate.

(d) Additional parties; intervenors.

(1) Petitions to become a party or to intervene in declaratory ruling proceedings shall be filed within forty-five days after receipt by the Treasurer of the petition for declaratory ruling. Any petition to become a party or to intervene shall be submitted in writing to the Treasurer, with copies sent to all parties and intervenors.

(2) A petition to become a party shall state the facts that demonstrate that the petitioner's legal rights, duties or privileges are affected by issuance of a declaratory ruling.

(3) A petition to intervene shall state facts that demonstrate that the petitioner's participation is in the interests of justice and will not impair the orderly conduct of the proceedings.

(4) The Treasurer will rule on petitions to become a party and petitions to intervene within fifteen days after receipt. Notice of such decision will be given to the petitioner and all parties and intervenors.

(e) Submission of information where no hearing held. The Treasurer may accept written statements of data, facts, argument or opinion from any party or intervenor, and from the agency. The Treasurer may require such statements to be filed under oath. All statements submitted shall be available to the public for inspection and copying, except as otherwise provided by federal law or the general statutes. Written statements filed under this section shall be submitted to the Treasurer within sixty days after receipt of the petition for declaratory ruling, but the Treasurer, in his discretion, may grant additional time for filing.

(f) Hearing. Within sixty days after receipt of a petition for declaratory ruling the Treasurer shall determine whether or not to hold a hearing. If a hearing is to be held notice of the time, place and nature of the hearing shall be sent to all parties and intervenors and the provisions of Sections 4-177c (b), 4-178 and 4-179 of the general statutes shall apply to the proceeding.

(g) Action on petition where no hearing held. Within sixty days after receipt of a petition for declaratory ruling, where no hearing is to be held, the Treasurer shall in writing:

(1) Issue a declaratory ruling;

(2) Order further specified proceedings;

(3) Agree to issue a declaratory ruling by a specific date;

(4) Decide not to issue a declaratory ruling and initiate regulation-making proceedings; or

(5) Decide not to issue a declaratory ruling, stating his reasons for taking such action.

A copy of any written decision issued under this Section shall be served on all parties and intervenors as provided in § 3-11-17 (d).

(Effective December 28, 1993)