04 NCAC 02R .0603. REQUEST FOR DECLARATORY RULING

(a)  All requests for a declaratory ruling to contest the validity of a rule adopted by the Commission shall supply the following information:

(1)           name and address of person aggrieved;

(2)           statute or rule to which the request relates;

(3)           a brief statement of the manner in which the person aggrieved is affected or may be affected by the statute or rule;

(4)           names and addresses of additional third persons known to the person aggrieved who may possibly be affected by the requested ruling;

(5)           statement of all material facts;

(6)           statement whether or not the person aggrieved is aware of any pending Commission action or court action that may bear on the applicability of the statute or rule to the person's particular situation;

(7)           statement of the arguments and legal authority supporting the person's position on the applicability of this statute or rule; and

(8)           statement of whether or not a conference is desired and reasons for requesting conference.

The person aggrieved shall sign and verify the request before an officer qualified to administer oaths that the information supplied in the request form is true and accurate.

(b)  The request and any supporting materials relevant to the request shall be sent to the North Carolina Alcoholic Beverage Control Commission, 4307 Mail Service Center, Raleigh, North Carolina 27699-4307.

(c)  The Commission shall either deny the request, stating the reasons therefore, or issue a declaratory ruling.  The Commission shall deny a request for a declaratory ruling when the Commission determines that:

(1)           the request does not comply with the procedural guidelines within Paragraphs (a) and (b) of this Rule;

(2)           the Commission has previously issued a declaratory ruling on substantially similar facts;

(3)           the Commission has previously issued a final agency decision in a contested case on substantially similar facts;

(4)           the facts underlying the request for a declaratory ruling were considered at the time of the adoption of the rule in question;

(5)           the subject matter is one concerning which the Commission is without authority to make a decision binding the Commission or the petitioner;

(6)           the petitioner is not aggrieved by the rule or statute in question or otherwise has no interest in the subject matter of the request;

(7)           there is reason to believe that the petitioner or some other person or entity materially connected to the subject matter of the request is acting in violation of the G.S. 18B or the rules adopted by the Commission; or

(8)           the subject matter of the request is involved in pending litigation, legislation, or rulemaking.

(d)  The Commission shall not issue a declaratory ruling when the petitioner or his or her request is the subject of, or materially related to, an investigation by the Commission or contested case before the Commission.

 

History Note:        Authority G.S. 18B-207; 150B-4;

Eff. January 1, 1982;

Amended Eff. November 1, 2010; May 1, 1984.