21 Ncac 17 .0119             Declaratory Rulings

(a)  A request for a declaratory ruling made pursuant to G.S. 150B-4 shall be in writing and addressed to the Board at the address provided in Rule .0104(c) of this Section.  The request shall contain the following information:

(1)           the name and address of the person requesting the ruling;

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

(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 statute, rule, or order to a given factual situation; and

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

(b)  The Board shall refuse to issue a declaratory ruling under the following circumstances:

(1)           when the Board determines it has already made a controlling decision on substantially similar facts in a contested case.

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

(3)           when the subject matter of the request is involved in pending litigation to which the Board is a party.


History Note:        Authority G.S. 90-356(2); 150B-4;

Eff. June 1, 2015;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 4, 2016.