21 NCAC 22B .0503 REFUSAL TO ISSUE DECLARATORY RULING
In accordance with G.S. 150B‑17, the Board may decline to issue a declaratory ruling if any of the following circumstances exist:
(1) A declaratory ruling would be futile because circumstances have so changed since the promulgation of the rule that the rule no longer serves its original purpose;
(2) A similar factual situation has been the basis of a contested case;
(3) The factual situation at issue was specifically considered upon the adoption of the rule being questioned, as evidenced by the rule making record;
(4) The subject matter of the requested declaratory ruling is involved in a lawsuit pending in a court of this state or a federal court; or
(5) Failure to comply with the requirements contained in Rule .0501 of this Section.
History Note: Authority G.S. 93D‑3(c); 150B‑17;
Eff. April 23, 1976;
Amended Eff. May 1, 1988;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.