21 NCAC 58A .0902         REQUESTS FOR RULINGS: DISPOSITION OF REQUESTS

(a)  All requests for declaratory rulings shall be written and filed with the Commission. The request must contain the following information:

(1)           the name, address and signature of petitioner;

(2)           a concise statement of the manner in which petitioner is aggrieved by the rule or statute in question, or its potential application to him or her;

(3)           a statement of the interpretation given the statute or rule in question by petitioner;

(4)           a statement of the reasons, including any legal authorities, in support of the interpretation given the statute or rule by petitioner.

(b)  The Commission shall either deny the request, stating the reasons therefore, or issue a declaratory ruling. The Commission may deny a request for a declaratory ruling when the Commission determines that:

(1)           the petition does not comply with the requirements of Paragraph (a) of this Rule;

(2)           the subject matter is one concerning which the Commission is without authority to make a decision binding the agency or the petitioner;

(3)           the petitioner is not aggrieved by the rule or statute in question or otherwise has insufficient interest in the subject matter of the request;

(4)           there is reason to believe that the petitioner or some other person or entity materially connected to the subject matter of the request is acting in violation of the real estate license law or the rules adopted by the Commission; or

(5)           the subject matter of the request is the subject of litigation, legislation, or rulemaking.

(c)  The Commission shall not issue a declaratory ruling when the petitioner or his or her request is the subject of, or materially related to, an investigation by the Real Estate Commission or contested case before the Commission.

History Note:        Authority G.S. 93A-3(c); 150B-4(a);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. April 1, 2006; October 1, 2000; May 1, 1992; February 1, 1989; May 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 1, 2018.