Sec. 4-176. Declaratory rulings. Petitions. Regulations.
608 words·~3 min read·
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(a)Any person may petition an agency, or an agency may on its own motion initiate a proceeding, for a declaratory ruling as to the validity of any regulation, or the applicability to specified circumstances of a provision of the general statutes, a regulation, or a final decision on a matter within the jurisdiction of the agency.
(b)Each agency shall adopt regulations, in accordance with the provisions of this chapter, that provide for
(1)the form and content of petitions for declaratory rulings,
(2)the filing procedure for such petitions and
(3)the procedural rights of persons with respect to the petitions.
(c)Within thirty days after receipt of a petition for a declaratory ruling, an agency 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.
(d)If the agency finds that a timely petition to become a party or to intervene has been filed according to the regulations adopted under subsection
(b)of this section, the agency:
(1)May grant a person status as a party if the agency finds that the petition states facts demonstrating that the petitioner's legal rights, duties or privileges shall be specifically affected by the agency proceeding; and
(2)may grant a person status as an intervenor if the agency finds that the petition states facts demonstrating that the petitioner's participation is in the interests of justice and will not impair the orderly conduct of the proceedings. The agency may define an intervenor's participation in the manner set forth in subsection
(d)of section 4-177a .
(e)Within sixty days after receipt of a petition for a declaratory ruling, an agency in writing shall:
(1)Issue a ruling declaring the validity of a regulation or the applicability of the provision of the general statutes, the regulation, or the final decision in question to the specified circumstances,
(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 , on the subject, or
(5)decide not to issue a declaratory ruling, stating the reasons for its action.
(f)A copy of all rulings issued and any actions taken under subsection
(e)of this section shall be promptly delivered to the petitioner and other parties personally or by United States mail, certified or registered, postage prepaid, return receipt requested.
(g)If the agency conducts a hearing in a proceeding for a declaratory ruling, the provisions of subsection
(b)of section 4-177c , section 4-178 and section 4-179 shall apply to the hearing.
(h)A declaratory ruling shall be effective when personally delivered or mailed or on such later date specified by the agency in the ruling, shall have the same status and binding effect as an order issued in a contested case and shall be a final decision for purposes of appeal in accordance with the provisions of section 4-183 . A declaratory ruling shall contain the names of all parties to the proceeding, the particular facts on which it is based and the reasons for its conclusion.
(i)If an agency does not issue a declaratory ruling within one hundred eighty days after the filing of a petition therefor, or within such longer period as may be agreed by the parties, the agency shall be deemed to have decided not to issue such ruling.
(j)The agency shall keep a record of the proceeding as provided in section 4-177 .