21 N.C. Admin. Code 21.0902

Current through Register Vol. 39, No. 13, January 2, 2025

Section 21 .0902 - SUBMISSION OF REQUEST FOR DECLARATORY RULING

(a) All requests for declaratory rulings shall be written and filed with the Board. The first page of the request shall bear the notation: REQUEST FOR DECLARATORY RULING. The request must include the following information:

(1) name and address of petitioner;

(2) statute or rule or order of the Board on which a ruling is desired;

(3) concise statement of the manner in which petitioner is aggrieved by the rule or statute or its potential application to him;

(4) a concise statement as to whether the request is for a ruling on the validity of a rule, statute or order or on the applicability of a rule, statute or order to a given factual situation;

(5) arguments or data which demonstrate that the petitioner is aggrieved by the rule, statute or order or by the potential application to him;

(6) a statement of the consequences of a failure to issue a declaratory ruling in favor of petitioner; and

(7) a statement of whether an oral argument is desired and, if so, the reason(s) for requesting such an oral argument.

(b) A request for a ruling on the applicability of a rule, order, or statute must include a description of the specific factual situation on which the ruling is to be based. A request for a ruling on the validity of a Board rule must state the aggrieved person's reasons for questioning the validity of the rule. A person may ask for both types of rulings in a single request. A request for a ruling must include or be accompanied by:

(1) a statement of the specific statement of facts proposed for adoption by the Board; and

(2) a draft of the proposed ruling.

21 N.C. Admin. Code 21 .0902

Authority G.S. 89E-5; 89E-20; 150B-4;
Eff. February 1, 1986;
Amended Eff. April 1, 2003;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 16, 2014.

Authority G.S. 89E-5; 89E-20; 150B-4;
Eff. February 1, 1986;
Amended Eff. April 1, 2003.