N.J. Admin. Code § 6A:3-2.1 - Petition for declaratory ruling

(a) Pursuant to N.J.S.A. 52:14B-8, any interested person(s) may petition the Commissioner for a declaratory ruling with respect to rights, responsibilities, and status arising from any statute or rule within the jurisdiction of the Commissioner. The determination to entertain such petitions for declaratory ruling shall be within the sole discretion of the Commissioner. If such request is granted, the matter shall proceed in accordance with this chapter as they pertain to petitions. A declaratory ruling shall be binding upon the Commissioner and all parties to the proceedings on the specific statement of facts set forth therein.

1. A request for a declaratory ruling shall reflect adverse positions on the statute or rule in question by the parties in interest, may not seek consequential relief beyond a declaration as to the meaning of the statute or rule, and may not be based on underlying facts that are future, contingent, uncertain, or disputed.

(b) Except that the format of the petition shall be as set forth in this subchapter, the rules pertaining to filing, service, and answer of petitions as set forth in this chapter shall apply to petitions for declaratory ruling.

Notes

N.J. Admin. Code § 6A:3-2.1

Amended by 49 N.J.R. 2516(b), effective 8/7/2017 Amended by 56 N.J.R. 766(b) effective 5/6/2024