21 NCAC 32A .0112         DISPOSiTION OF REQUEST

(a)  Upon receipt of a Request for Declaratory Ruling, the Board shall determine whether a ruling is appropriate under the facts stated.

(b)  When the Board determines that the issuance of a declaratory ruling is inappropriate, the Board shall notify, in writing, the person requesting the ruling, stating the reasons for the denial of the request.

(c)  The Board shall decline to issue a declaratory ruling where:

(1)           there has been a similar controlling factual determination made by the Board in a contested case;

(2)           the rule‑making record shows that the factual issues raised by the request were specifically considered prior to adoption of the rule;

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

(4)           the subject-matter of the request involves matters which are currently being investigated by the Board;

(5)           the subject matter of the request involves matters which are currently being adjudicated in a noticed disciplinary or denial hearing heard before the Board or the Office of Administrative Hearings; or

(6)           the petitioner fails to show that the circumstances are so changed since the adoption of the statute or rule that a ruling is warranted.

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

Eff. February 1, 2007;

Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016;

Amended Eff. July 1, 2022.