A request for a
declaratory ruling made pursuant to
shall be in writing and addressed to the Board at the address provided in Rule
.0104(c) of this Section. The request shall contain the following information:
(1) the name and address of the person
requesting the ruling;
statute, rule, or order to which the request relates;
(3) a concise statement as to whether the
request is for a ruling on the validity of a rule or on the applicability of a
statute, rule, or order to a given factual situation; and
(4) a statement as to whether a hearing is
desired, and if desired, the reason therefore.
The Board shall refuse to issue a
declaratory ruling under the following circumstances:
(1) when the Board determines it has already
made a controlling decision on substantially similar facts in a contested
(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; or
(3) when the subject matter of the request is
involved in pending litigation to which the Board is a party.
21 N.C. Admin.
Code 17 .0119
Carolina Register Volume 30, Issue 01, July 1, 2015 effective