04 NCAC 06B .0402          RESPONSE OF ADMINISTRATOR TO PETITION

(a)  Written Response.  A written response to the petition for a declaratory ruling, whether in the form of a declaratory ruling or a refusal to issue a declaratory ruling, shall be signed by the Administrator or his designated representative within 60 days following the date on which the petition was received by the Division.

(b)  Refusal of Issue Declaratory Ruling.  The Administrator may refuse to issue a declaratory ruling if one of the following circumstances exists:

(1)           The subject matter is one in which the Administrator has no authority to issue a binding decision;

(2)           The situation is one in which the amount of work that would be required by the Administrator and staff to issue the declaratory ruling would be the same as or greater than the work required to process the request through normal procedures or a contested case proceeding;

(3)           The petition does not state with enough specificity the factual situation involved, or the question is presented in such a manner that the Administrator cannot determine what the question is, or that the Administrator cannot respond with a specific ruling that will be binding on all parties;

(4)           The petitioner does not, in the opinion of the Administrator, possess sufficient interest in the question to be ruled on; or

(5)           For any other reason the Administrator finds the issuance of a declaratory ruling to be undesirable.

 

History Note:        Authority G.S. 150B‑17;

Eff. June 1, 1990.