09 NCAC 06C .0110          DECLARATORY RULINGS

(a)  Any request for a determination regarding the application of a rule, statute, or order established by the 911 Board to a specific factual situation shall be directed to the Board Chair or Executive Director at the address in Rule .0102 of this Section.  The request for a ruling shall follow Rules .0109 through .0114 of this Section.  A declaratory ruling proceeding may include written submissions, an oral hearing, or other procedure as may be appropriate in the circumstances of the particular request.

(b)  Declaratory rulings pursuant to G.S. 150B-4 shall be issued by the Board only on the validity of a rule or on the applicability of a statute, rule, or order of the Board to stipulated facts.  A declaratory ruling shall not be issued on a matter requiring an evidentiary proceeding.

(c)  A person aggrieved must possess such an interest in the question to be ruled on that the petitioner's need to have such a ruling in order to comply with statutory requirements, rules, or standards shall be apparent from the petition and shall be explained therein.

 

History Note:        Authority G.S. 62A-42(a)(4); 62A-46(e)(5); 150B-4;

Eff. July 1, 2016.