(a) Any public employer, any public employee or any employee organization may petition the board under RSA 541-A for a ruling regarding the specific applicability of any statute within the jurisdiction of the board to enforce, or any rule or order of the board, by filing with the board a petition for declaratory ruling setting out:
- (1) The specific statute, rule or order whose applicability is in question; and
- (2) A clear and concise statement of the facts giving rise to the petition.
- (b) The board shall determine within 30 days of filing whether it shall dismiss such a petition or issue a ruling, and it shall subsequently give a ruling on all such petitions properly before it as expeditiously as possible.
(c) The board shall dismiss any such petition whose subject matter:
- (1) Is substantially the same as that of a petition for declaratory ruling previously dismissed; or
- (2) Was the subject of a previous ruling on the merits, absent a showing that the circumstances attending the previous ruling or dismissal have changed substantially in the intervening period.
- (d) The board shall determine whether briefs will assist in issuing a ruling on a declaratory ruling petition and in the event briefs will be received shall establish a schedule for their submission.
Source. #7187, eff 1-8-00, EXPIRED: 1-8-08 New. #9145, INTERIM, eff 4-29-08, EXPIRED: 10-26-08 New. #9441-A, eff 3-27-09