10A NCAC 09 .2003. DECLARATORY RULINGS

(a)  The Commission shall have the power to make declaratory rulings. All requests for declaratory rulings shall be by written petition and shall be submitted to:

 

Administrative Procedures Coordinator

Division of Child Development

2201 Mail Service Center

Raleigh, North Carolina  27699-2201

 

(b)  Every request for a declaratory ruling must include the following information:

(1)           the name and address of the petitioner;

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

(3)           a concise statement of the manner in which the petitioner 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 declaratory ruling.

(c)  Where a declaratory ruling is deemed to be in the public interest, the Commission shall issue the ruling within 60 days of the receipt of the petition.

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

(e)  The Commission may issue notice to persons who might be affected by the ruling that written comments may be submitted or oral presentations received at a scheduled hearing.

(f)  A record of all declaratory ruling proceedings shall be maintained by the Division and shall be available for public inspection during regular business hours.  This record shall contain:

(1)           the original request,

(2)           the reasons for refusing to issue a ruling,

(3)           all written memoranda and information submitted,

(4)           any written minutes or audio tape or other record of the oral hearing, and

(5)           a statement of the ruling.

 

History Note:        Authority G.S. 143B‑168.3; 150B‑11; 150B‑17;

Eff. November 1, 1989.