21 NCAC 07B .0105          DECLARATORY RULINGS

(a)  The Cemetery Commission shall have the sole power to make declaratory rulings. All requests for declaratory rulings shall be written and mailed to:

North Carolina Cemetery Commission

1001 Navaho Drive, Suite 100

Raleigh, North Carolina 27609.

(b)  All requests for a declaratory ruling must include the following information:

(1)           name and address of petitioner;

(2)           statute or rule to which petition relates;

(3)           concise statement of the manner in which petitioner is aggrieved by the rule or statute or its potential application to him;

(4)           a statement of whether an oral hearing is desired, and if so the reasons for such an oral hearing.

(c)  Whenever the Cemetery Commission believes for good cause that the issuance of a declaratory ruling is undesirable, it may refuse to do so. When good cause for refusing to issue a declaratory ruling is deemed to exist, the Cemetery Commission shall notify the petitioner of its decision in writing, stating reasons for the denial of a declaratory ruling.

(d)  For purposes of Paragraph (c) of this Rule, the Cemetery Commission shall not issue a declaratory ruling:

(1)           where there has been a similar controlling factual determination in a contested case, or

(2)           where the issue is pending in a current contested case, or

(3)           where the subject matter of the request is involved in pending litigation in any state or federal court in North Carolina.

(e)  A declaratory ruling procedure may consist of written submissions, oral hearings, or such other procedures as may be appropriate in a particular case.

History Note:        Authority G.S. 65-49; 150B-4;

Eff. February 1, 1976;

Readopted Eff. January 16, 1978;

Amended Eff. October 1, 2007; May 3, 1993;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 18, 2018.