12 NCAC 10B .0107          PROCEDURES FOR PETITIONS FOR DECLARATORY RULINGS

(a)  In addition to the procedures set out in G.S. 150B-4, petitions for declaratory rulings shall be submitted to the Commission and shall contain:

(1)           petitioner's name, address, and telephone number;

(2)           the statutes, rules, or both to which the request relates;

(3)           facts and information which are relevant to the request;

(4)           a concise statement of the manner in which petitioner has been aggrieved;

(5)           a draft of the declaratory ruling sought by petitioner, if a specified outcome is sought by petitioner;

(6)           practices likely to be affected by the declaratory ruling;

(7)           a list or description of persons likely to be affected by the declaratory ruling; and

(8)           a statement as to whether the petitioner desires to present oral argument, to the Commission prior to its decision.

(b)  The Commission shall refuse to issue a declaratory ruling when:

(1)           the petition does not comply with Paragraph (a) of this Rule;

(2)           the Commission has previously issued a declaratory ruling on substantially similar facts;

(3)           the Commission has previously issued a final agency decision in a contested case on substantially similar facts;

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

(5)           the subject matter of the request is involved in pending litigation.

History Note:        Authority G.S. 150B-4;

Eff. January 1, 1990;

Amended Eff. August 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 6, 2018;

Amended Eff. May 1, 2026.