21 NCAC 29 .0602. DECLARATORY RULINGS

(a)  A person seeking a declaratory ruling from the Board under G.S. 150B-4 shall file a petition for a declaratory ruling that meets the requirements of this Rule.

(b)  All petitions for declaratory rulings shall be in writing and shall be sent to the Chair at the Board=s address.  Each petition shall be entitled APetition for Declaratory Ruling@ and shall include the following information:

(1)           the name and address of the petitioner;

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

(3)           a statement of the manner in which the petitioner has been or may be aggrieved by the statute or rule; and

(4)           if the petitioner wishes to make an oral presentation to the Board on the petition, a statement requesting an opportunity to appear and be heard.

(c)  The Board may refuse to issue a declaratory ruling when:

(1)           the petition does not comply with this Rule;

(2)           the petitioner is not a Aperson@ or a Aperson aggrieved@ as defined in G.S. 150B-2;

(3)           the Board has previously issued a declaratory ruling on similar facts;

(4)           the Board has previously issued a final agency decision in a contested case on similar facts;

(5)           the subject matter of the petition is involved in pending litigation; or

 

History Note:        Authority G.S. 74F-6; 150B-4;

Temporary Adoption Eff. March 26, 2003;

Eff. March 1, 2004.