SECTION .0200 ‑ DECLARATORY RULINGS

04 NCAC 01B .0201          REQUEST FOR A DECLARATORY RULING

(a)  Any person substantially affected by a statute administered or rule promulgated by the secretary's office of the Department of Commerce may request a declaratory ruling as to:

(1)           whether, and if so how, the statute or rule applies to a given factual situation; or

(2)           whether a particular agency rule is valid.

(b)  The secretary has the power to make such declaratory rulings. All requests for declaratory rulings shall be submitted in writing to:

Secretary, Department of Commerce

4301 Mail Service Center

Raleigh, North Carolina 27699-4301.

(c)  All requests for a declaratory ruling must include the following information:

(1)           name and address of petitioner;

(2)           statute or rule to which petition relates;

(3)           concise statement of the manner in which petitioner is aggrieved by the rule or statute or its potential application to him; and

(4)           a statement of whether an oral hearing is desired, and, if so, the reasons for such an oral hearing.

History Note:        Authority G.S. 150B-17;

Eff. February 1, 1976;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016;

Amended Eff. January 1, 2020.