Declaratory Rulings

  • Petition for Declaratory Rulings. 

    (a)  Any person may petition for a declaratory ruling as to the applicability of any provision of RSA 311-B or any rule or order for the board by filing a 

          written petition with the board. 

    (b)  The petition shall include: 

                         (1)  The name, address and telephone of the petitioner; 

                    (2)  Citation of the statute or rule; 

                    (3)  All information available which is material to the declaratory ruling; and 

                         (4)  The signature for petitioner; 

               (c)  If the board determines that any petition is deficient in any respect the board shall notify the petitioner in writing within 30 days of the specific 

                     deficiencies. 

                   (d)  When an acceptable petition, under Auc 204.02 (b), is received by the board, the board shall take one of the following actions: 

                         (1)  Issue a declaratory ruling responsive to the petition within 60 days; or 

                    (2)  Request an opinion of the department of justice and issue a declaratory ruling within 40 days of the attorney general's reply. 

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  • 2012 Declaratory Ruling 

    On December 3, 2012: 

    The Board on motion of Roy W. Tilsley, seconded by Russell R. Abbott voted on a Declaratory Ruling as follows: 

    It is the interpretation of the Board that for the purpose of establishing a physical presence at an internet only auction, the auctioneer does not need to be at the site where the items are located, but does need to be readily available by telephone, email, or any other electronic means during normal business hours and 4 hours prior to the first item in the auction closing through the close of the auction.