Declaratory Rulings

21 NCAC 61 .0604

The issuance of declaratory rulings by the Board is governed by G.S. 150B‑4. 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 aggrieved by the statute or rule; and
4.  A statement as to whether a hearing is desired, and if desired, the reason therefor.

Refusal to Issue Ruling.  The Board shall ordinarily 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 or when the matter at issue is properly the subject of 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.