21 ncac 30 .0803             DECLARATORY RULINGS

(a)  The issuance of declaratory rulings by the Board is governed by G.S. 150B‑4.

(b)  A request for a declaratory ruling shall be in writing and addressed to the Board. The request shall contain the following information:

(1)           The name and address of the person making the request;

(2)           The statute or rule to which the request relates;

(3)           A concise statement of the manner in which the person has been, or may be aggrieved by the statute or rule; and

(4)           A statement as to whether a hearing is desired, and if desired, the reason therefore.

(c)  The Board shall refuse to issue a declaratory ruling under the following circumstances:

(1)           When the Board has already made a controlling decision on substantially similar facts in a contested case;

(2)           When the facts underlying the request for a ruling on a rule were specifically considered at the time of the adoption of the rule in question; and

(3)           When the subject matter of the request is involved in pending litigation in North Carolina.

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

Temporary Adoption Eff. February 15, 2000;

Eff. April 1, 2001;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.