15A NCAC 03P .0202       PROCEDURE FOR REQUESTING DECLARATORY RULINGS

(a)  All requests for a declaratory ruling shall be submitted in writing to the Marine Fisheries Commission Chair and addressed to the Marine Fisheries Commission Office, Division of Marine Fisheries, 3441 Arendell Street, P.O. Box 769, Morehead City, NC 28557.

(b)  All requests shall include the following:

(1)           the petitioner's name and address;

(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;

(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 of Environmental Quality regarding interpretation of a law or rule adopted by the Commission;

(4)           arguments or data that demonstrate 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 reasons for requesting such an oral argument.

(c)  A request for a ruling on the validity of a Commission rule shall state the petitioner's reasons for questioning the validity of the rule and a brief or legal memorandum supporting the petitioner's position. 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 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 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 Commission Chair.

History Note:        Authority G.S. 113‑134; 113-182; 143B‑289.52; 150B-4;

Eff. April 1, 1999;

Readopted Eff. June 1, 2022.