15A NCAC 07J .0602       PROCEDURE FOR REQUESTING DECLARATORY RULINGS

(a)  All requests for a declaratory ruling shall be filed with the Director, Division of Coastal Management, Department of Environment and Natural Resources (DENR), 400 Commerce Avenue, Morehead City NC 28557, and also the Attorney General's Office, 9001 Mail Service Center, Raleigh NC 27699-9001.  All requests shall include the following:  the aggrieved person's name and address; the rule, statute or order for which a ruling is desired; and a 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; and certified mail receipts showing the request was sent to the owners of property adjacent to the property that is the subject of the declaratory ruling.

(b)  A request for a ruling on the applicability of a rule, order, or statute shall include a description of the factual situation on which the ruling is to be based.  A request for a ruling on the validity of a commission rule shall 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 shall include or be accompanied by:

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

(2)           a draft of the proposed ruling.

 

History Note:        Authority G.S. 113A‑124; 150B‑4;

Eff. June 1, 1979;

Amended Eff. June 1, 2005; October 1, 1992; November 1, 1991; July 1, 1990; May 1, 1990.