15A N.C. Admin. Code 10A.0502

Current through Register Vol. 38, No. 24, June 17, 2024

Section 10A .0502 - WHEN NOT ISSUED

The Wildlife Resources Commission shall not issue a declaratory ruling upon a request which does not comply with the requirements of Rules .0501 and .0503 of this Section, or that is the request of a person or group not aggrieved, or when it is or becomes apparent from a source:

(1) that no controversy exists, either among the respective parties or between the parties and the Commission, as to the applicability of a specific rule of the Commission, or of a specific statute administrated or enforced by the Commission, to an existing factual situation;

(2) that the question to be ruled upon is academic, hypothetical, moot, speculative, or lacking in specificity;

(3) that a relevant fact or circumstance necessary to the ruling is controverted, unverified, indefinite as to time or place, or omitted from the request for ruling;

(4) that the proposed ruling will substantially affect a person, other than an agent or employee of the Commission, who is not a party to the request;

(5) that a case or proceeding involving the substance of the requested ruling is pending before a court or another agency;

(6) that the requested ruling would not be final and binding on the parties affected thereby, subject only to direct judicial review as provided by law;

(7) that the request for ruling challenges the validity of a statute administered or enforced by the Commission;

(8) that the requested ruling would require an interpretation of a statute not administered or enforced by the Commission or of a rule, order, or ordinance of some other governmental agency;

(9) that the Commission is without power or authority to issue the requested ruling; or

(10) that the request is not made in good faith.

15A N.C. Admin. Code 10A .0502

Authority G.S. 150B-4;
Eff. February 1, 1976.

Authority G.S. 150B-4;
Eff. 2/1/1976.

Readopted by North Carolina Register Volume 38, Issue 23, June 3, 2024 effective 5/1/2024.