Sec. 4-176. Declaratory rulings. Petitions. Regulations.
Sec. 4-176. Declaratory rulings. Petitions. Regulations. (a) Any person may petition an agency, or an agency may on its own motion initiate a proceeding, for a declaratory ruling as to the validity of any regulation, or the applicability to specified circumstances of a provision of the general statutes, a regulation, or a final decision on a matter
within the jurisdiction of the agency.
(b) Each agency shall adopt regulations, in accordance with the provisions of this
chapter, that provide for (1) the form and content of petitions for declaratory rulings,
(2) the filing procedure for such petitions and (3) the procedural rights of persons with
respect to the petitions.
(c) Within thirty days after receipt of a petition for a declaratory ruling, an agency
shall give notice of the petition to all persons to whom notice is required by any provision
of law and to all persons who have requested notice of declaratory ruling petitions on
the subject matter of the petition.
(d) If the agency finds that a timely petition to become a party or to intervene has
been filed according to the regulations adopted under subsection (b) of this section, the
agency: (1) May grant a person status as a party if the agency finds that the petition
states facts demonstrating that the petitioner's legal rights, duties or privileges shall be
specifically affected by the agency proceeding; and (2) may grant a person status as
an intervenor if the agency finds that the petition states facts demonstrating that the
petitioner's participation is in the interests of justice and will not impair the orderly
conduct of the proceedings. The agency may define an intervenor's participation in the
manner set forth in subsection (d) of section 4-177a.
(e) Within sixty days after receipt of a petition for a declaratory ruling, an agency
in writing shall: (1) Issue a ruling declaring the validity of a regulation or the applicability
of the provision of the general statutes, the regulation, or the final decision in question
to the specified circumstances, (2) order the matter set for specified proceedings, (3)
agree to issue a declaratory ruling by a specified date, (4) decide not to issue a declaratory
ruling and initiate regulation-making proceedings, under section 4-168, on the subject,
or (5) decide not to issue a declaratory ruling, stating the reasons for its action.
(f) A copy of all rulings issued and any actions taken under subsection (e) of this
section shall be promptly delivered to the petitioner and other parties personally or by
United States mail, certified or registered, postage prepaid, return receipt requested.
(g) If the agency conducts a hearing in a proceeding for a declaratory ruling, the
provisions of subsection (b) of section 4-177c, section 4-178 and section 4-179 shall
apply to the hearing.
(h) A declaratory ruling shall be effective when personally delivered or mailed or
on such later date specified by the agency in the ruling, shall have the same status and
binding effect as an order issued in a contested case and shall be a final decision for
purposes of appeal in accordance with the provisions of section 4-183. A declaratory
ruling shall contain the names of all parties to the proceeding, the particular facts on
which it is based and the reasons for its conclusion.
(i) If an agency does not issue a declaratory ruling within one hundred eighty days
after the filing of a petition therefor, or within such longer period as may be agreed by
the parties, the agency shall be deemed to have decided not to issue such ruling.
(j) The agency shall keep a record of the proceeding as provided in section 4-177.
(1971, P.A. 854, S. 11; P.A. 73-620, S. 8, 19; P.A. 82-349, S. 3, 4; 82-472, S. 178, 183; P.A. 88-317, S. 10, 107.)
History: P.A. 73-620 made issuance of declaratory rulings discretionary and made provision for procedure if agency
fails to issue ruling if requested to do so; P.A. 82-349 added provision re appeals pursuant to Secs. 4-175 and 4-183; P.A.
82-472 made a technical change, replacing appeal with remedy consisting of action for declaratory judgment; P.A. 88-317 substituted new provisions for the entire former section, effective July 1, 1989, and applicable to all agency proceedings
commencing on or after that date.
Cited. 169 C. 344. Cited. 171 C. 691. Cited. 172 C. 263. Cited. 173 C. 352. Cited. 177 C. 356; 178 C. 586. Cited. 183
C. 67; Id., 76. Cited. 186 C. 153. Cited. 191 C. 173. Cited. 192 C. 460. Cited. 194 C. 165. Cited. 197 C. 91; Id., 554. Cited.
199 C. 609. Cited. 200 C. 133. Cited. 203 C. 295. Cited. 204 C. 137. Cited. 208 C. 663; Id., 709. Cited. 210 C. 349; Id.,
531. Cited. 213 C. 184. Cited. 214 C. 256; Id., 726. Cited. 215 C. 616. Cited. 216 C. 253. Cited. 218 C. 335. Cited. 221
C. 422. Cited. 222 C. 414. Cited. 223 C. 450. Cited. 226 C. 792. Cited. 227 C. 545. Cited. 234 C. 424. Cited. 239 C. 32;
Id., 124; Id., 599.
Cited. 1 CA 1. Cited. 2 CA 68. Cited. 4 CA 117. Cited. 5 CA 253. Cited. 6 CA 723. Cited. 17 CA 17; judgment reversed,
see 212 C. 570. Cited. 21 CA 629; Id., 678. Cited. 31 CA 400; judgment reversed, see 230 C. 459. Cited. 34 CA 123. Cited.
37 CA 653; judgment reversed, see 238 C. 361. Cited. 42 CA 631.
Challenge to regulation should begin with petition under this section. Adverse ruling is appealable under section 4-183
and failure to issue ruling permits action under section 4-175. 32 CS 153. Cited. 33 CS 86. Cited. 39 CS 99; Id., 462. Cited.
40 CS 381. Cited. 44 CS 1.
Subsec. (a):
Cited. 43 CA 133.
Subsec. (e):
Subdiv. (1) cited. 236 C. 681.
Subdiv. (2) cited. 41 CA 827. Subdiv. (5) cited. Id. Subdiv. (2) cited. 45 CA 83.
Subsec. (g):
Cited. 217 C. 130.
Cited. 45 CA 83.
Subsec. (h):
Cited. 236 C. 681. The expansive right to petition for a declaratory ruling under this section does not confer an automatic
right to appeal under Sec. 4-183 which requires that the person appealing demonstrate aggrievement. 286 C. 698.