09 NCAC 06C .0111         REQUESTS FOR DECLARATORY RULINGS

(a)  Requests for a declaratory ruling shall be in writing and dated.

(b)  The request shall contain:

(1)           The petitioner's name, address, and telephone number;

(2)           The rule, statute, or order referred to;

(3)           A statement of facts supporting the petitioner's request for a declaratory ruling;

(4)           A statement of the manner in which the petitioner is aggrieved by the rule, statute, or standard, or its potential application to the petitioner;

(c)  After review of the information required in Paragraph (b) of this Rule, the Board may request the following additional information:

(1)           A statement of any legal authorities that support the interpretation of the given statute or rule by the petitioner;

(2)           A statement of the practices or procedures likely to be affected by the requested declaratory ruling and the persons likely to be affected by the ruling;

(3)           A draft of the declaratory ruling sought by the petitioner, if a specified outcome is sought by the petitioner; and

(4)           A statement of whether the petitioner desires to present oral argument.

History Note:        Authority G.S. 62A-42; 150B-4;

Eff. July 1, 2016.