12 NCAC 10B .0107. PROCEDURES FOR PETITIONS FOR DECLARATORY RULINGS

(a)  In addition to the procedures set out in G.S. 150B-4, Petitions for Declaratory Rulings shall be submitted to the Commission and shall contain:

(1)           petitioner's name, address and telephone number;

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

(3)           all facts and information which are relevant to the request;

(4)           a concise statement of the manner in which petitioner has been aggrieved;

(5)           a draft of the Declaratory Ruling sought by petitioner (if specified outcome is sought by petitioner);

(6)           practices likely to be affected by the Declaratory Ruling;

(7)           a list or description of persons likely to be affected by the Declaratory Ruling; and

(8)           a statement as to whether the petitioner desires to present oral argument (not to exceed 30 minutes) to the Commission prior to its decision.

(b)  The Commission may refuse to issue a Declaratory Ruling when:

(1)           the petition does not comply with Paragraph (a) 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 specifically considered at the time of the adoption of the rule in question; or

(5)           the subject matter of the request is involved in pending litigation.

 

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

Eff. January 1, 1990;

Amended Eff. August 1, 1998.