20 NCAC 01F .0208          DECLARATORY RULINGS

(a)  All requests for declaratory rulings shall be in writing and mailed to the attention of the Rulemaking Coordinator at the address specified in Rule 20 NCAC 01A .0101.

(b)  The request for declaratory ruling shall:

(1)           contain the name and address of the requestor;

(2)           identify the agency, board, or commission to whom the request is directed for consideration;

(3)           identify the statute, rule, or order to which the request relates; and

(4)           contain a statement of the manner in which the requestor is affected, or thinks that the requestor may be affected, by the statute, rule, or order and its application to the requestor.

(c)  A decision to grant or deny a request for a declaratory ruling will be made by the State Treasurer, a deputy pursuant to G.S. 147-75, or board or commission within 30 days of receipt. The requestor shall be notified in writing of a decision to grant or deny the request.

(d)  A request for declaratory ruling shall be denied by the State Treasurer, deputy, or appropriate board or commission if:

(1)           the request does not meet the requirements set forth in this Rule;

(2)           a declaratory ruling has previously been issued on same or similar facts;

(3)           a controlling decision has already been issued on same or similar facts in a contested case;

(4)           the facts underlying the request were considered at the time of adoption of the rule; or

(5)           the subject matter of the request is involved in pending litigation.

(e)  If the request is granted, the State Treasurer, deputy, or appropriate board or commission shall issue a written ruling within 45 days of the decision to grant the request.

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

Eff. December 1, 2021.