15A NCAC 18D .0508. DECLARATORY RULINGS

(a)  The Board shall have the power to make declaratory rulings.  All requests for declaratory rulings shall be by written petition and shall be submitted to: Chairman, North Carolina Water Treatment Facility Operators Certification Board, 1635 Mail Service Center, Raleigh, North Carolina 27699-1635.

(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; and

(4)           the consequences of a failure to issue a declaratory ruling.

(c)  The Board shall notify in writing the petitioner of the Chairman's decision to refuse issue a declaratory ruling and state the reasons.  The Chairman may refuse to consider a request for a declaratory ruling:

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

(2)           unless the rule making record evidences a failure by the agency to consider specified relevant factors;

(3)           if there has been a similar controlling factual determination in a contested case, or if the factual context being raised for a declaratory ruling was specifically considered upon adoption of the rule being questioned as evidenced by the rule making record; or

(4)           if circumstances stated in the request or otherwise known to the agency show that a contested case hearing would presently be appropriate.

(d)  Where a declaratory ruling is deemed appropriate, the Board shall issue the ruling within 60 days of the receipt of the petition.

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

(f)  The chairman 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.

 

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

Eff. February 1, 1976;

Readopted Eff. March 1, 1979;

Amended Eff. February 1, 2002; September 1, 1990; January 1, 1980.