15A NCAC 04E .0502      PROCEDURE FOR REQUESTING DECLARATORY RULINGS

(a)  All requests for a declaratory ruling shall be filed with the Director, Division of Energy, Mineral, and Land Resources, Department of Environmental Quality, 1612 Mail Service Center, Raleigh, NC 27699-1612.

(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 the validity of a rule or on the applicability of a rule, statute, or order to a given factual situation;

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

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

(6)           a statement of the facts proposed for adoption by the Commission;

(7)           a draft of the proposed ruling; and

(8)           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 description of the specific factual situation on which the ruling is to be based 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 person may ask for both 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 Chairman.

History Note:        Authority G.S. 113A‑54; 150B-4;

Eff. March 14, 1980;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016;

Amended Eff. April 1, 2020.