21 NCAC 21 .0902             SUBMISSION OF REQUEST FOR DECLARATORY RULING

(a)  All requests for declaratory rulings shall be written and filed with the Board.  The first page of the request shall bear the notation: REQUEST FOR DECLARATORY RULING.  The request must include the following information:

(1)           name and address of petitioner;

(2)           statute or rule or order of the Board on which a ruling is desired;

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

(4)           a concise statement as to whether the request is for a ruling on the validity of a rule, statute or order or on the applicability of a rule, statute or order to a given factual situation;

(5)           arguments or data which demonstrate that the petitioner is aggrieved by the rule, statute or order or by the potential application to him;

(6)           a statement of the consequences of a failure to issue a declaratory ruling in favor of petitioner; and

(7)           a statement of whether an oral argument is desired and, if so, the reason(s) for requesting such an oral argument.

(b)  A request for a ruling on the applicability of a rule, order, or statute must include a description of the specific factual situation on which the ruling is to be based.  A request for a ruling on the validity of a Board rule must state the aggrieved person's reasons for questioning the validity of the rule.  A person may ask for both types of rulings in a single request.  A request for a ruling must include or be accompanied by:

(1)           a statement of the specific statement of facts proposed for adoption by the Board; and

(2)           a draft of the proposed ruling.

History Note:        Authority G.S. 89E-5; 89E-20; 150B-4;

Eff. February 1, 1986;

Amended Eff. April 1, 2003;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 16, 2014.