21 NCAC 61 .0604             DECLARATORY RULINGS

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

(b)  Contents of Request.  A request for a declaratory ruling shall be in writing and addressed to the Board.  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; and

(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 or when the matter at issue is properly the subject of a contested case;

(2)           When the facts underlying the request for a ruling on a rule 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. 90‑652(1),(2);

Temporary Adoption Eff. October 15, 2001;

Eff. August 1, 2002;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. August 22, 2015.