21 NCAC 14B .0506          CIRCUMSTANCES

The Board may refuse to issue a declaratory ruling on the validity of a rule if:

(1)        When the Board has already made a controlling decision on substantially similar facts in a contested case;

(2)        When the facts underlying the request for a ruling were specifically considered at the time of the adoption of the rule in question; and

(3)        When the subject matter of the request is involved in pending litigation in North Carolina.

History Note:        Authority G.S. 150B‑17;

Eff. February 1, 1976;

Amended Eff. January 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.