04 NCAC 12D .0133         SUBMISSION OF REQUEST FOR declaratory RULING

(a)  All requests for a declaratory ruling shall be filed in accordance with Rule .0101 of this Section.

(b)  All requests for declaratory rulings shall include the following:

(1)           the name and address of petitioner(s);

(2)           the statute, rule, or order upon which a ruling is desired;

(3)           a 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;

(4)           arguments or data demonstrating that the petitioner is aggrieved by the statue, rule, or order, or by its potential application to the petitioner;

(5)           a statement of the consequences of failure to issue a declaratory ruling in favor of the petitioner;

(6)           a statement of the desired outcome; and

(7)           a statement of whether an oral argument is desired, and if so, the reason(s) for requesting such an oral argument.

(c)  A petitioner may request a declaratory ruling on the applicability of a statute, rule, or order to the petitioner, or on the validity of a Department rule. The petitioner may request both types of declaratory ruling in a single request. A request on the applicability of a statute, rule, or order shall include a statement of the facts and documentation supporting such facts, in addition to the requirements of Paragraph (b) of this Rule. A request to determine the validity of a Department rule shall state the petitioner's reason(s) for the request and a written argument, in addition to the requirements of Paragraph (b) of this Rule.

(d)  Any other person may petition to become a party by filing a motion to intervene in the manner provided in G.S. 1A-1, Rule 24. The State Energy Director shall determine whether to grant the motion to intervene in accordance with Rule 24 of the North Carolina Rules of Civil Procedure.

History Note:        Authority G.S. 143-58.4(c); 143B-344.44(b)(3);

Eff. April 1, 2021.