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.