15a ncac 02I .0602         PROCEDURE FOR SUBMISSION OF PETITION

(a)  All requests for a declaratory ruling shall be filed with the Director of the appropriate Division of the Department of Environment and Natural Resources, and 25 complete copies shall also be sent to the Recording Clerk of the Commission:

 

Director

Division of Air Quality

1641 Mail Service Center

Raleigh, NC  27699-1641

 

Director

Division of Water Quality

1617 Mail Service Center

Raleigh, NC  27699-1617

 

Director

Division of Water Resources

1611 Mail Service Center

Raleigh, NC  27699-1611

 

EMC Recording Clerk

1617 Mail Service Center

Raleigh, NC  27699-1617

 

(b)  All requests shall include the following:

(1)           name and address of petitioner(s);

(2)           the rule, statute or order upon which a ruling is desired;

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

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

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

(6)           a draft of the proposed ruling; and

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

(c)  A request for a ruling on the applicability of a rule, order, or statute must include a statement of the specific facts to a given factual situation and documentation supporting those facts.  A request for a ruling on the validity of a Commission rule must state the aggrieved person's reason(s) for questioning the validity of the rule and a brief or legal memorandum supporting the aggrieved person's position.  A person may ask for both types of declaratory rulings in a single request.

(d)  In the manner provided in G.S. 150B-23(d), any other person may request to intervene in the request for declaratory ruling. The request to intervene shall be determined by the Chairman.

 

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

Eff. August 1, 2004.