21 NCAC 06B .0503          REFUSAL TO ISSUE DECLARATORY RULING

(a)  The Board shall issue a declaratory ruling, except when:

(1)           the request for a declaratory ruling does not meet the requirements set forth in 21 NCAC 06B .0501;

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

(3)           the Board has previously issued a final agency decision for a contested case for which the petitioner was a party;

(4)           the facts underlying the request for a declaratory ruling were considered at the time the Rule was adopted; or

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

(b)  When the Board refuses to issue a declaratory ruling, it shall notify the petitioner of its decision in writing, stating reasons for the denial of a declaratory ruling.

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

Eff. February 1, 1976;

Readopted Eff. February 8, 1978;

Amended Eff. May 1, 1989;

Readopted Eff. October 1, 2016.