21 NCAC 63 .0704             DECLARATORY RULINGS

(a)  General.  The issuance of declaratory rulings by the Board is governed by G.S. 150B-4.

(b)  Contents of a Request for Declaratory Ruling.  A request for a declaratory ruling shall be in writing and addressed to the executive director of the Board.  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 need for a declaratory ruling as set forth in G.S. 150B-4(a);

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

(c)  Refusal to Issue Ruling.  The Board may 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; or

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


History Note:        Authority G.S. 90B-6(h); 150B-4;

Eff. September 1, 1989;

Temporary Amendment Eff. October 1, 1999;

Amended Eff. January 1, 2014; July 1, 2000;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.