4 N.C. Admin. Code 12D.0133

Current through Register Vol. 39, No. 9, November 1, 2024

Section 12D .0133 - SUBMISSION OF REQUEST FOR DECLARATORY RULING

(a) All requests for a declaratory ruling shall be filed in accordance with Rule .0101 of this Section.

(b) All requests for declaratory rulings shall include the following:

(1) the name and address of petitioner(s);

(2) the statute, rule, or order upon which a ruling is desired;

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

(4) arguments or data demonstrating that the petitioner is aggrieved by the statue, rule, or order, or by its potential application to the petitioner;

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

(6) a statement of the desired outcome; and

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

(c) A petitioner may request a declaratory ruling on the applicability of a statute, rule, or order to the petitioner, or on the validity of a Department rule. The petitioner may request both types of declaratory ruling in a single request. A request on the applicability of a statute, rule, or order shall include a statement of the facts and documentation supporting such facts, in addition to the requirements of Paragraph (b) of this Rule. A request to determine the validity of a Department rule shall state the petitioner's reason(s) for the request and a written argument, in addition to the requirements of Paragraph (b) of this Rule.

(d) Any other person may petition to become a party by filing a motion to intervene in the manner provided in G.S. 1A-1, Rule 24. The State Energy Director shall determine whether to grant the motion to intervene in accordance with Rule 24 of the North Carolina Rules of Civil Procedure.

04 N.C. Admin. Code 12D .0133

Authority G.S. 143-58.4(c); 143B-344.44(b)(3);
Eff. April 1, 2021.

Authority G.S. 143-58.4(c); 143B-344.44(b)(3);
Adopted by North Carolina Register Volume 35, Issue 21, May 3, 2021 effective 4/1/2021.