6 CRR-NY 619.3NY-CRR
6 CRR-NY 619.3
6 CRR-NY 619.3
619.3 Grounds for declining to issue a declaratory ruling.
The general counsel may decline to issue a declaratory ruling. The grounds for such declination are:
(a) the petition does not raise a question of the applicability of any regulation or statute enforceable by the department;
(b) the petition raises issues which are, have been or should have been the subject of department review pursuant to an application for a permit, license, certificate or other approval or are the subject of an enforcement proceeding;
(c) the petition raises issues that are the subject of pending rule making or litigation;
(d) the declaratory ruling is an inappropriate means of resolving the issues raised in the petition; or
(e) a response to the petition is not in the public interest; or
(f) the petition does not contain sufficient information or the petitioner has not adequately responded to the department's request for additional information needed to decide the issues presented.
6 CRR-NY 619.3
Current through February 15, 2022
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