21 NCAC 37C .0103          DECLARATORY RULINGS

(a)  General.  The issuance of declaratory rulings by the Board is governed by G.S. 150B-4.

(b)  Request And Contents.  A request for a declaratory ruling shall be in writing and addressed to the Executive Director.  The request shall contain the following information:

(1)           the name and address of the person making the request;

(2)           the statute or rule to which the request relates;

(3)           a concise statement of the manner in which the person has been aggrieved by the statute or rule;

(4)           a statement as to whether a hearing is desired and, if desired, the reason therefor.

(c)  Refusal To Issue Ruling.  The Board shall ordinarily refuse to issue a declaratory ruling under the following circumstances:

(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; or

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

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

Eff. May 1, 1989;

Transferred and Recodified from 21 NCAC 37A .1204 Eff. April 1, 1996;

Amended Eff. April 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 22, 2014.