09 NCAC 06B .1202          requests for declaratory rulings

(a)  Requests for a declaratory ruling shall be in writing, dated and verified by the person submitting the same.

(b)  The request shall contain:

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

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

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

(4)           The petitioner's option, a statement of any legal authorities, in support of the interpretation given the statute or rule by the petitioner;

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

(6)           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.

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

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


History Note:        Authority G.S. 150B-104;

Eff. September 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 25, 2015.