Section 31-237g-102 - Scope of regulations on declaratory rulings(a)Appropriate Subjects for Declaratory Rulings. Sections 31-237g-101 to 31-237g-107, inclusive, set forth the rules of the Employment Security Board of Review governing the form and content of petitions for declaratory rulings and agency proceedings on such petitions. Petitions for declaratory rulings may be filed as to:
(1) the validity of any regulation, or (2) the applicability to specified circumstances of a provision of the Connecticut General Statutes, a regulation, or a final decision on a matter within the jurisdiction of the Board. Any petition for a declaratory ruling not addressed to one of these two categories will be rejected in writing by the Board as not being the proper subject for a declaratory ruling.(b)When Declaratory Rulings not Favored. The Board of Review may, in its discretion, issue a declaratory ruling regarding the applicability of a statute, regulation, or final decision to specified circumstances. However, such declaratory rulings are generally not appropriate because of their impact on the adjudication process and thus are disfavored. In those instances in which a declaratory ruling is appropriate, a ruling by the Administrator rather than the Board may be less disruptive of the adjudicatory process and may provide an adequate remedy. Before deciding to issue a declaratory ruling, the Board will consult with the Administrator about the appropriate agency to issue the ruling. If the Board decides to issue a declaratory ruling, the Administrator shall be a party to the proceeding since its interests will be affected by any declaratory ruling issued.(c)Declaratory Rulings on the Board's Initiative. The Board of Review may, on its own initiative, decide to issue a declaratory ruling. Notice of the Board's intent will be provided to those persons identified in section 31-237g-104(a) of these regulations.Conn. Agencies Regs. § 31-237g-102