15a ncac 02I .0602        PROCEDURE FOR SUBMISSION OF PETITION

(a)  All requests for a declaratory ruling shall be filed with the Director of the appropriate Division and a copy in electronic form shall also be sent to the Recording Clerk of the Commission:

Director

Division of Air Quality

1641 Mail Service Center

Raleigh, NC 27699-1641

Director

Division of Energy, Mineral, and Land Resources

1612 Mail Service Center

Raleigh, North Carolina 27699-1612

Director

Division of Mitigation Services

1652 Mail Service Center

Raleigh, NC 27699-1652

Director

Division of Waste Management

1646 Mail Service Center

Raleigh, North Carolina 27699-1646

Director

Division of Water Resources

1611 Mail Service Center

Raleigh, NC 27699-1611

Recording Clerk of the Commission

Directors Office

Division of Water Resources

1611 Mail Service Center

Raleigh, NC 27699-1611

EMCclerk@ncdenr.gov

(b)  All requests shall include the following:

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

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

(3)           a statement as to whether the request is for a ruling on:

(A)          the validity of a rule; or

(B)          the applicability of a rule, order or statute to a given factual situation; or

(C)          a conflict or inconsistency within the Commission or the Department regarding interpretation of a law or rule adopted by the Commission;

(4)           arguments or data which demonstrate that the petitioner is aggrieved by the rule or statute or its potential application to the petitioner;

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

(6)           a draft of the proposed ruling; 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 request for a ruling on the applicability of a rule, order, or statute shall include a statement of the specific facts to a given factual situation and documentation supporting those facts. A request for a ruling on the validity of a Commission rule shall state the aggrieved person's reason(s) for questioning the validity of the rule and a brief or legal memorandum supporting the aggrieved person's position. A request for a ruling to resolve a conflict or inconsistency within the Commission or the Department regarding interpretation of a law or rule adopted by the Commission shall include a written description identifying the conflict or inconsistency, the relevant Division(s) and program area(s), the interpretation provided by the agency, and the law or rule in question. A person may ask for multiple types of declaratory rulings in a single request.

(d)  In the manner provided in G.S. 150B-23(d), any other person may request to intervene in the request for declaratory ruling. The request to intervene shall be determined by the Chair of the Commission.

History Note:        Authority G.S. 143B-282; 150B-4;

Eff. August 1, 2004;

Readopted Eff. February 1, 2021.