15A NCAC 04E .0503. DISPOSITION OF REQUESTS

(a)  Upon receiving a request, the director is authorized to initiate a declaratory ruling proceeding to receive information concerning the request.  A declaratory ruling proceeding may consist of written submissions, an oral hearing, or other procedures as may be appropriate in the circumstances of the particular request.  If the proceeding takes the form of an oral hearing the director may direct that the proceeding take place before the commission.

(b)  The director will compile the information collected in the proceeding, along with other relevant information, in a recommendation to the commission on whether to issue the ruling and what the ruling should be.

(c)  A decision whether to issue the ruling will be made by the commission at the next regularly scheduled meeting of the commission within the 60 day period required by 150B‑17 and after the director's recommendation is presented.  If no meeting is scheduled within that time period, the director will ask the chairman of the commission to call a special meeting so that the commission can comply with the requirements of G.S. 150B‑17.

(d)  If the decision of the commission is to issue the ruling, the ruling will be issued by the commission with the 60 day period required by G.S. 150B‑17.  If necessary, the chairman of the commission will call a special meeting so that the commission can comply with this requirement.

(e)  If the decision of the commission is to deny the request, the director will notify the petitioner(s) in writing stating the reasons therefor.

(f)  For purposes of this Rule, the commission will ordinarily refuse to issue a declaratory ruling:

(1)           unless the rule is unclear on its face;

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

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

(4)           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 rulemaking record; or

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

 

History Note:        Authority G.S. 113A‑54; 113A‑55; 150B‑17;

Eff. March 14, 1980;

Amended Eff. August 1, 1988; June 5, 1981.