15A NCAC 10A .0502      WHEN NOT ISSUED

A declaratory ruling will not be issued upon any request which is not in writing or upon the written request of a person who will not be substantially affected, either directly or indirectly, in his person, property, public office or employment by the ruling requested; or when it is or becomes apparent from any source:

(1)           that no actual controversy exists, either as among the respective parties or as between the parties and the Commission, as to the applicability of a specific rule or regulation of the Commission, or of a specific statute administrated or enforced by the Commission, to an existing factual situation;

(2)           that the question to be ruled upon is academic, hypothetical, moot, speculative, or lacking in specificity;

(3)           that any relevant fact or circumstance necessary to the ruling is controverted, unverified, indefinite as to time or place, or omitted from the request for ruling;

(4)           that the proposed ruling will substantially affect a person, other than an agent or employee of the Commission, who is not a party to the request therefor;

(5)           that a case or proceeding involving the substance of the requested ruling is pending before a court or another agency;

(6)           that the requested ruling would not be final and binding on the parties to be affected thereby, subject only to direct judicial review as provided by law;

(7)           that the request for ruling challenges the validity of a statute administered or enforced by the Commission;

(8)           that the requested ruling would require an interpretation of a statute not administered or enforced by the Commission or of a rule, regulation, order, or ordinance of some other governmental agency;

(9)           that the Commission is without power or authority to issue the requested ruling for any reason; or

(10)         that the request is not made in good faith.


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

Eff. February 1, 1976.