21 NCAC 10 .0406             DECLARATORY RULINGS

(a)  General.  The issuance of declaratory rulings by the Board of Examiners is governed by G.S. 150B‑17.

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

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

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

(3)           A concise statement of the manner in which the person has been aggrieved by the statute or rule;

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

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

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

(2)           When the facts underlying the request for a ruling were specifically considered at the time of the adoption of the rule in question;

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


History Note:        Legislative Objection Lodged Eff. January 31, 1983;

Curative Amended Eff. February 28, 1983;

Statutory Authority G.S. 150B‑17;

Eff. February 1, 1976;

Readopted Eff. January 27, 1978;

Amended Eff. December 1, 1988; January 1, 1983.