21 N.C. Admin. Code 29.0602

Current through Register Vol. 39, No. 9, November 1, 2024

Section 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

21 N.C. Admin. Code 29 .0602

Authority G.S. 74F-6; 150B-4;
Temporary Adoption Eff. March 26, 2003;
Eff. March 1, 2004;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.

Authority G.S. 74F-6; 150B-4;
Temporary Adoption Eff. March 26, 2003;
Eff. March 1, 2004.