NCAC Subchapter 08B - Rule-Making Procedures

Section .0500 Declaratory Rulings

21 NCAC 08B .0501 Request for Declaratory Ruling

Any person aggrieved, as defined in G.S. 150B 2(6), by a statute administered or rule promulgated by the Board may request a declaratory ruling as to how the statute or rule applies to a given factual situation or whether a particular Board rule is valid. All requests for declaratory rulings shall be in writing and mailed to the Board at its address, as set forth in 21 NCAC 08A .0102.

21 NCAC 08B .0502 Contents of Request

All requests for a declaratory ruling must include the following information:

  1. name and address of petitioner;
  2. statute or rule to which the petition relates;
  3. concise statement of the manner in which the petitioner is aggrieved, as defined in G.S. 150B 2(6), or thinks that he or she may be injured by the rule or statute and its application to him or her; and
  4. statement of whether an oral hearing is desired and if so the reasons for such an oral hearing.

21 NCAC 08B .0503 Refusal to Issue Declaratory Ruling

Whenever the Board believes for good reason that issuing a declaratory ruling is undesirable, it may refuse to do so. The Board will notify the petitioner in writing of its reasons for refusing to issue a declaratory ruling.

21 NCAC 08B .0507 Circumstances

As a general rule the Board will issue a declaratory ruling except:

  1. when the subject of a requested declaratory ruling is also the subject of a lawsuit pending in a court of this state or a federal court;
  2. when the facts presented in the request were considered at a rule making hearing; or
  3. in other special circumstances.

21 NCAC 08B .0508 Requests for Informal Opinions

Requests to Board employees or legal counsel, or requests to Board members not in accordance with Rule .0501 of this Section, for opinions concerning the application of the Board’s rules or any statutes are discouraged.  If ever an opinion is given, it shall not be binding on the Board.  Applicants, licensees, and any other persons who act in reliance on such opinions do so at their own risk.