21 NCAC 63 .0704             DECLARATORY RULINGS

(a)  General. The Board shall respond to requests for declaratory rulings in accordance with G.S. 150B-4.

(b)  Contents of a Request for Declaratory Ruling. A request for a declaratory ruling shall be in writing and addressed to the executive director of the Board. The request shall contain the following information:

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

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

(3)           a statement of the need for a declaratory ruling as set forth in G.S. 150B-4(a); and

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

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

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

(2)           when the facts underlying the request for a ruling were considered at the time of the adoption of the Rule in question; or

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

History Note:        Authority G.S. 90B-6(h); 150B-4;

Eff. September 1, 1989;

Temporary Amendment Eff. October 1, 1999;

Amended Eff. January 1, 2014; July 1, 2000;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015;

Amended Eff. October 1, 2021.