21 N.C. Admin. Code 30.0803

Current through Register Vol. 39, No. 11, December 2, 2024

Section 30 .0803 - DECLARATORY RULINGS

(a) The issuance of declaratory rulings by the Board is governed by G.S. 150B-4.

(b) A request for a declaratory ruling shall be in writing and addressed to the Board. The request shall contain the following information:

(1) The name and address of the person making the request;

(2) The statute or rule to which the request relates;

(3) A concise statement of the manner in which the person has been, or may be aggrieved by the statute or rule; and

(4) A statement as to whether a hearing is desired, and if desired, the reason therefore.

(c) The Board shall refuse to issue a declaratory ruling under the following circumstances:

(1) When the Board has already made a controlling decision on substantially similar facts in a contested case;

(2) When the facts underlying the request for a ruling on a rule were specifically considered at the time of the adoption of the rule in question; and

(3) When the subject matter of the request is involved in pending litigation in North Carolina.

21 N.C. Admin. Code 30 .0803

Authority G.S. 150B-4;
Temporary Adoption Eff. February 15, 2000;
Eff. April 1, 2001;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. November 12, 2014.

Authority G.S. 150B-4;
Temporary Adoption Eff. February 15, 2000;
Eff. April 1, 2001.