4 N.C. Admin. Code 6B.0402

Current through Register Vol. 39, No. 12, December 1, 2024

Section 06B .0402 - RESPONSE OF ADMINISTRATOR TO PETITION

(a) A written response to the petition for a declaratory ruling, whether in the form of a declaratory ruling or a refusal to issue a declaratory ruling, shall be issued as set forth in G.S. 150B-4.

(b) The Administrator shall issue a declaratory ruling, except when:

(1) the request for a declaratory ruling does not meet the requirements set forth in this Subchapter;

(2) the subject matter is one in which the Administrator has no authority to issue a binding decision;

(3) the question is presented in such a manner that the Administrator cannot determine what the question is, or that the Administrator cannot respond with a specific ruling;

(4) the petitioner does not qualify as a person aggrieved, as defined in G.S. 150B-2(6);

(5) the Administrator has previously issued a declaratory ruling, or issued a final agency decision in a contested case, in which the same facts were considered;

(6) the facts underlying the request for a declaratory ruling were considered at the time the Rule was adopted; or

(7) the subject matter of the petition is involved in pending litigation.

(c) When the Administrator refuses to issue a declaratory ruling, the Administrator shall notify the petitioner of its decision in writing, stating reasons for the denial of a declaratory ruling.

04 N.C. Admin. Code 06B .0402

Authority G.S. 54-109.12; 150B-4;
Eff. June 1, 1990;
Readopted Eff. February 1, 2018.

Authority G.S. 150B-17;
Eff. June 1, 1990.

Readopted by North Carolina Register Volume 32, Issue 17, March 1, 2018 effective 2/1/2018.