6 CRR-NY 619.1NY-CRR
6 CRR-NY 619.1
6 CRR-NY 619.1
619.1 Petition for declaratory ruling.
(a) The department may, on petition, issue a declaratory ruling with respect to: (1) the applicability to any person, property or state of facts of any regulation or statute which the department enforces, and (2) whether any action by the department should be taken pursuant to a regulation.
(b) Such petition shall be submitted in writing to:
Department of Environmental Conservation
Albany, NY 12233-0001
(c) In order to be considered complete, each petition shall contain: (1) the name and address of the petitioner and a statement of the nature of the petitioner's interest in the matter; (2) a full and carefully detailed description of all relevant facts and circumstances, including a clear and concise statement of the controversy or uncertainty that is the subject of the petition and the need, or good cause, for the issuance of the declaratory ruling; (3) copies of all relevant documents and supporting materials; (4) reference to any pending administrative or judicial proceeding involving the same or similar set of facts, including the names and addresses of any other persons whose interests are reasonable likely to be affected by the ruling; and (5) citation to all relevant statutory and regulatory provisions. When a petition pertains to only one step of a larger transaction or fact situation, all relevant facts and circumstances must be submitted with respect to the entire larger transaction or fact situation.
(d) Within 10 business days after the receipt of a petition, the department shall mail notice to the petitioner that:
(1) the petition is complete for purposes of review;
(2) the petition is incomplete because of the lack of certain specified information needed to render a ruling; or
(3) the petition contains sufficient information, but the general counsel is availing the public of the opportunity for comment pursuant to subdivision (e) of this section.
Petitions which have been noticed for public comment pursuant to subdivision (e) of this section shall only be considered complete for review upon the department's receipt of the petitioner's response to all such public comments, if any.
(1) If the general counsel finds that it is in the public interest to solicit public comments on the petition, notice of the petition shall be placed in the Environmental Notice Bulletin at the earliest available opportunity, together with a brief summary of the facts and the issues presented. Notice may also be sent to any person whom the general counsel has reason to believe has a substantial interest in the petition. Public comments on the petition must be received by the department no later than 15 business days after publication in the Environmental Notice Bulletin. The due date will be specified in the notice.
(2) Upon receipt of all public comments, the department shall provide copies to the petitioner. Within 10 business days from receipt of copies of the public comments, the petitioner may respond to such comments or request an extension of time to respond.
(3) Upon mutual written agreement between the petitioner and the department, the time periods of this Part may be extended to a date certain. The period in which petitioner may seek judicial review will be deemed to commence at that time.
Declaratory rulings by agencies, State Administrative Procedure Act § 204.
RESEARCH REFERENCES AND PRACTICE AIDS:
2 NY Jur 2d, Administrative Law §§ 96, 97, 106---108, 109.5, 174.
5 NY Jur 2d, Article 78 and Related Proceedings §§ 10, 19, 126.
43 NY Jur 2d, Declaratory Judgments and Agreed Case § 127.
97 NY Jur 2d, Statutes § 208.
2 Am Jur 2d, Administrative Law §§ 77---84, 154.
6 CRR-NY 619.1
Current through December 15, 2019
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