21 N.C. Admin. Code 25 .0602 - DECLARATORY RULINGS
(a) Any person
aggrieved may petition the Board to issue a declaratory ruling as to the
validity of a rule or as to the applicability to a given state of facts of a
statute administered by the Board or of a rule or order of the Board by filing
a written petition with the Board.
(b) A petition for a declaratory ruling must
contain:
(1) The petitioner's name, address,
telephone number, fax number, email address, and signature;
(2) The number of the rule or statute the
petitioner wants the Board to construe;
(3) The given state of facts to be applied in
the ruling;
(4) A plain and concise
statement of the ruling sought by the petitioner;
(5) A statement of how the petitioner is
aggrieved by the rule or statute;
(6) A plain and concise statement of the
reasons the ruling sought should be issued by the Board; and
(7) A statement of whether the petitioner
wishes to address the Board regarding the petition.
(c) The Board chair, in his or her
discretion, may give supporters and opponents of the petition an opportunity:
(1) to file written comments on the petition;
and
(2) to address the Board on the
merits of the petition.
(d) The Board may decline to issue any
ruling:
(1) When the Board determines that the
petitioner is not a person aggrieved;
(2) When the Board determines that material
facts are in dispute;
(3) When the
Board determines that an actual case or controversy exists;
(4) When the subject matter of the request is
being investigated by the Board;
(5) When the subject matter of the request is
involved in pending litigation;
(6)
When the Board has already issued a final decision in a contested case
involving the same or substantially similar facts;
(7) When the Board has already issued a
declaratory ruling on the same or substantially similar facts; or
(8) When the Board determines that the
issuance of a ruling is not in the public interest.
Notes
Eff. March 21, 2005;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2017.
Eff. March 211, 2005.
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.