Conn. Agencies Regs. § 10-183l-20a - Petitions for declaratory ruling

Current through March 4, 2022

(a) Scope. These regulations set forth the state teachers' retirement board's rules governing the form and content of petitions for declaratory ruling, and board proceedings on such petitions. Petitions for declaratory rulings may be filed on:
(1) the validity of any regulation of the board, and
(2) the applicability to specified circumstances of a provision of the general statutes, a regulation, or a final decision (as defined in Conn. Gen. Stat. Sec. 4-166(3) ) on a matter within the jurisdiction of the board. Any petition for a declaratory ruling not falling in one of these two categories will be rejected in writing by the board as not being the proper subject for a petition for a declaratory ruling.
(b) Form and Content of Petitions.
(1) General. All petitions for declaratory ruling must be addressed to the secretary of the board, and either mailed or hand delivered to the secretary of the board at his or her office. All petitions must be signed by the person filing the petition, unless represented by an attorney, in which case the attorney may sign the petition. The petition must include the address of the person filing the petition, and the address of the attorney, if applicable.
(2) Petitions on Validity of Regulation. A petition for declaratory ruling on the validity of a regulation must contain the following:
(A) The section number and text of the regulation;
(B) The specific basis for the claim of invalidity of the regulation; and
(C) An argument by the petitioner in support of the claim of invalidity, with suggested remedy.

Any petition filed which merely requests a ruling of the validity of a regulation, without a detailed claim of invalidity, will be rejected by the board as incomplete.

(3) Petitions on Applicability of Statute, Regulation, or Final Decision to Specific Circumstances. A petition seeking a declaratory ruling on the applicability of a statute, regulation or final decision on a matter within the jurisdiction of the board to specified circumstances must contain the following:
(A) The specific statute, regulation, or final decision upon which the petition is sought;
(B) A brief explanation of why the petitioner believes that the particular statute, regulation, or final decision is within the jurisdiction of the board;
(C) A detailed description of the specified circumstances upon which the petition is based; and
(D) An argument by the petitioner as to why the petitioner believes that the particular statute, regulation, or final order either is or is not applicable to the specified circumstance.

Any petition failing to identify the statute, regulation, or final decision in question, or failing to adequately describe the specified circumstances will be rejected in writing by the board as incomplete.

(4) Notice. The petitioner, or his attorney, to the best of his or her knowledge, shall append to the petition for a declaratory ruling a listing of all persons, with addresses, who may have an interest in the declaratory ruling sought be issued, and shall mail a copy of the petition to all such persons. The petitioner or his attorney must certify that a copy of the petition was mailed to all such persons together with this statement, "Should you wish to participate in the proceedings on this petition, or receive notice of such proceedings or the declaratory ruling issued as a result of this petition, you should contact the state teachers' retirement board within 30 days of the date of this petition."
(c) Notice. In addition to the notice required to be given by the petitioner in (b) (4), above, the board shall, within thirty days after the receipt of such petition provide written notice of the filing of the petition (1) to all persons required by any law to receive notice, (2) to all persons who have requested notice of the filing of such petitions on the subject matter of the petition, and (3) to all persons who have requested notice of the filing of any such petitions with the board. The notice required by this section shall not be required where the board has rejected the filing of a petition as inappropriate or incomplete in accordance with (a), (b) (2) and (b) (3) of these regulations.
(d) Rights of Persons to Proceeding.
(1) Petitioner as Party. The petitioner is automatically a party to any proceeding on the petition by virtue of having filed said petition, and need not seek designation as a party from the board.
(2) Additional Parties. Any person, whether or not they have received notice of the petition, may file a petition to become a party within forty-five days from the date of filing of the petition. If the petition to become a party sets forth facts demonstrating that the petitioner's legal rights, duties or privileges will be specifically affected by the declaratory ruling to be issued, the board shall grant the petition and designate the petitioner as a party.
(3) Intervenors. Any person, whether or not he or she has received notice of the petition, may file a petition to become an intervenor within forty-five days from the date of filing of the petition. If the petition sets forth facts demonstrating that the petitioner's participation is in the interest of justice and will not impair the orderly conduct of the proceedings, the board shall grant the petition and designate the petitioner as an intervenor. In addition, any person who files a petition for party status who fails to make the requisite demonstration for party status, may be granted intervenor status.
(e) Agency Proceedings on Petitions.
(1) Agency Action. Within sixty days after the filing of a complete petition for a declaratory ruling, but, in any case, no sooner than thirty days after the filing of the petition, the board shall do one of the following, in writing:
(A) Issue a Declaratory Ruling in accordance with the request in the petition containing the names of all parties to the proceeding, the particular facts upon which it is based, and the reasons for the conclusions contained therein;
(B) Order that the matter be the subject of a hearing as a contested case;
(C) Notify the parties that a Declaratory Ruling will be issued by a date certain;
(D) Decide not to issue a Declaratory Ruling and initiate Regulation making proceedings; or
(E) Decide not to issue a Declaratory Ruling, stating the reasons for its action.
(2) Notice. A copy of the teachers' retirement board action taken in accordance with section (e) (1) shall be delivered to the petitioner and all other parties either in person, or by United States mail, certified or registered, postage prepaid, return receipt requested.
(3) Effective Date, Appeal Date. Declaratory rulings shall be effective when personally delivered or mailed, or on such later date specified by the board in the ruling, except that for the purposes of any appeal from the declaratory ruling, the date of personal delivery or mailing shall control.
(4) Contested Case Appeals. Declaratory Rulings shall have the same status and binding effect as an order in a contested case, and shall be a final decision in a contested case for the purposes of appeals in accordance with Conn. Gen. Stat. Sec. 4-183.
(5) Failure to Act. If the board does not issue a declaratory ruling on a complete petition within 180 days after the filing of the petition, or later if agreed to by the parties, the board shall be deemed to have decided not to issue a ruling.

Notes

Conn. Agencies Regs. § 10-183l-20a
Effective December 28, 1989

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