04 NCAC 01B .0202. DISPOSITION OF REQUESTS

(a)  Whenever the secretary believes for good reason that the issuance of a declaratory ruling is undesirable, he may refuse to do so.  When good reason for refusing to issue a declaratory ruling is deemed to exist, the secretary will notify the petitioner of this decision in writing, stating reasons for the denial of a declaratory ruling.

(b)  For purposes of Paragraph (a) of this Rule, the secretary will ordinarily refuse to issue a declaratory ruling:

(1)           unless the petitioner shows that the circumstances are so changed since the adoption of the rule that such a ruling would be warranted;

(2)           unless the petitioner shows that the agency did not give a full consideration to the factors specified in the request for a declaratory ruling at the time the rule was issued;

(3)           where there has been a similar controlling factual determination in a contested case, or where the factual context being raised for a declaratory ruling was specifically considered upon the adoption of the rule or directive being questioned, as evidenced by the rule‑making record; or

(4)           where the subject matter of the request is involved in pending litigation in any state or federal court in North Carolina.

(c)  Where a declaratory ruling is deemed appropriate, the secretary will issue a ruling within 60 days of receipt of the petition.

(d)  A declaratory ruling procedure may consist of written submissions, oral hearings, or such other procedures as may be appropriate in a particular case.

 

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

Eff. February 1, 1976.