15A NCAC 10A .0503. PROCEDURE

(a)  Form and Content of Request.  A request for a declaratory ruling must be a written communication, specifically designated as a "Request for Declaratory Ruling," addressed to the Executive Director, Wildlife Resources Commission, Archdale Building, 512 North Salisbury Street, Raleigh, North Carolina 27611 and must contain the following:

(1)           names and addresses of all persons requesting the ruling;

(2)           designation of the person or persons authorized to receive the ruling or any communication relative thereto, if different from those requesting;

(3)           statement of all material facts and circumstances sufficient to show the existence and nature of the controversy and the relation of all parties with respect thereto;

(4)           identification of the specific rule, regulation or statute involved by number or substance, or both;

(5)           the specific question to be ruled upon;

(6)           a statement that the substance of the request is not then pending for decision before any court or any other agency of government;

(7)           signature of all persons making the request or of one or more authorized representatives of all such persons, indicating the capacity of such representation; and

(8)           verification by, or on behalf of, all persons making the request.

(b)  Form of Verification.  The verification of a request for a declaratory ruling must be executed before an official authorized to administer oaths, and may be in substance as follows:

 

North Carolina

______________________   County

___________________________________________________________________________,  being duly

[name(s)]

sworn, says (say) that he is (they are) _____________________________________________________;

(capacity)

 

that he has (they have) read the foregoing Request for Declaratory Ruling and understand(s) its contents; and that the matters therein stated are true of his (their) own knowledge, except those matters stated on information and belief, and as to the matters so stated, he believes (they believe) them to be true.

 

_______________________________________

[signature(s)]

 

Subscribed and sworn to before me

this _______ day of __________, 19____.

__________________________________

(signature of official) 

     Title of Official                                                                                                                                                                                                                                                                                                                         (L.S.)

 

(c)  Action on Request.  The Executive Director shall cause the request for a declaratory ruling to be marked or stamped with the date of receipt and, within 60 days thereafter:

(1)           deny the ruling in writing, stating the reason or reasons for such denial;

(2)           place the request on the agenda for the next ensuing meeting of the Wildlife Resources Commission;

(3)           issue a ruling in accordance with existing policy of the Commission, in which case the ruling shall be deemed that of the Commission; or

(4)           take such other action as he may deem appropriate.

(d)  Form and Content of Ruling.  A declaratory ruling is a written communication, specifically designated as a "declaratory ruling" (with a number, the substance, or sub‑title as may be desirable for identification and future reference), addressed to the persons requesting the ruling or to the person or persons authorized in the request to receive the ruling or communications relative thereto, and containing the following:

(1)           reference to the request for declaratory ruling;

(2)           reference to authority for the ruling (the statute and these regulations, or the specific action of the Commission);

(3)           names and addresses of the persons affected by the ruling, unless it is general in effect and is so indicated;

(4)           recital of the material facts on which the ruling is based, or reference to the facts as stated in the request;

(5)           the ruling;

(6)           date of issue; and

(7)           signature of Executive Director.

(e)  Notice of Ruling or Denial of Ruling.  Any declaratory ruling issued by the Wildlife Resources Commission or the Executive Director and any communication denying such a ruling shall be sent by registered mail, "return receipt requested," to the persons requesting the ruling, or to such person or persons as are designated in the request to receive the ruling or communications relative thereto.

 

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

Eff. February 1, 1976;

Amended Eff. April 15, 1979.