21 NCAC 22B .0503          REFUSAL TO ISSUE DECLARATORY RULING

In accordance with G.S. 150B‑17, the Board may decline to issue a declaratory ruling if any of the following circumstances exist:

(1)        A declaratory ruling would be futile because circumstances have so changed since the promulgation of the rule that the rule no longer serves its original purpose;

(2)        A similar factual situation has been the basis of a contested case;

(3)        The factual situation at issue was specifically considered upon the adoption of the rule being questioned, as evidenced by the rule making record;

(4)        The subject matter of the requested declaratory ruling is involved in a lawsuit pending in a court of this state or a federal court; or

(5)        Failure to comply with the requirements contained in Rule .0501 of this Section.

History Note:        Authority G.S. 93D‑3(c); 150B‑17;

Eff. April 23, 1976;

Amended Eff. May 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.