21 NCAC 54 .2602. DISPOSITION OF REQUEST

(a)  Upon receipt of a Request for Declaratory Ruling, the Board shall determine whether a ruling is appropriate under the facts stated.

(b)  When the Board determines for good cause that the issuance of a declaratory ruling is inappropriate, it shall notify, in writing, the person requesting the ruling, stating the reasons for the denial of the request.

(c)  Prior to issuing a declaratory ruling, the Board may give notice of the declaratory proceedings to any persons it deems appropriate and may direct that fact ‑ finding proceedings appropriate to the circumstances of the particular request be conducted by Board employees or agents.  The proceedings may consist of written submissions, an oral hearing, or other appropriate procedures.  Any proceedings conducted by the Board shall be scheduled to provide the desired facts so that the declaratory ruling may be issued within 60 days from receipt of the Request for Declaratory Ruling.

 

History Note:        Authority G.S. 90‑270.9; 150B‑11(1); 150B‑17;

Eff. September 1, 1988;

Amended Eff. March 1, 1989.