(a) All requests
for declaratory rulings shall be written and mailed to the North Carolina
Psychology Board at the address shown in Rule .1602 of this Chapter.
Each Request for Declaratory Ruling must
include the following information:
and address of the persons requesting the ruling;
(2) the statute or rule to which the request
(3) a statement of the
manner in which the requesting person is aggrieved by the rule or statute or
its potential application to him or her; and
(4) the consequences of a failure to issue a
Whenever the Board finds good cause exists to deny the request for declaratory
ruling, the Board shall deny the request to issue a declaratory ruling. The
Board's refusal shall be followed within 30 days of the receipt of the
petition, by the issuance of written notification to the petitioner. The notice
shall state the decision and the reasons therefore.
Good cause for the denial of a
declaratory ruling request shall include one of the following:
(1) the person submitting the request is not
a person aggrieved;
(2) there is no
conflict or inconsistency within the Board regarding an interpretation of the
law or a rule adopted by the Board;
(3) a situation where there has been a
similar controlling factual determination in a contested case;
(4) if the request for declaratory ruling
involves a factual context that was considered upon adoption of the rule being
questioned as evidenced by the rulemaking record;
(5) the factual representations are not
related to the statute or rule being questioned;
(6) issuing the declaratory ruling will not
serve the public interest; or
if circumstances stated in the request or otherwise known to the Board show
that a contested case hearing would be appropriate.
(e) Where the Board issues a declaratory
ruling, the declaratory ruling shall be issued within 45 days after Board's
decision to grant the petition.
A declaratory ruling procedure may consist of written submissions, oral
hearings, or other procedure as deemed appropriate by the Board based upon
whether the additional submitted information would assist the Board in
determining whether to grant or deny the petition.