N.Y. Comp. Codes R. & Regs. Tit. 6 § 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.

Notes

N.Y. Comp. Codes R. & Regs. Tit. 6 § 619.3