Current through Register Vol. 39, No. 6, September 16, 2024
(a) The Chair of
the Commission shall make a determination on the completeness of the request
for declaratory ruling based on the requirements of this Section.
(b) Before the Commission decides the merits
of the request, the Chair of the Commission may:
(1) request additional written submissions
from the petitioner(s);
(2) request
a written response from the Department or any other person;
(3) allow the petitioner to file a reply to
the response submitted in Subparagraph (2) of this Paragraph; or
(4) request oral arguments from the
petitioner(s) and Department staff or their legal counsel.
(c) The Commission shall make a decision to
grant or deny the request according to
G.S.
150B-4.
(d) The Commission shall deny the request
upon making any of the following findings:
(1)
the request is not complete;
(2)
the petitioner is not a person aggrieved;
(3) there has been a similar determination in
a previous contested case or declaratory ruling;
(4) the matter is the subject of a pending
contested case hearing or litigation in any North Carolina or federal
court;
(5) no genuine controversy
exists as to the application of a statute, order, or rule to the factual
situation presented;
(6) the
factual context put forward as the subject of the declaratory ruling was
considered upon the adoption of the rule being questioned, as evidenced by the
rulemaking record;
(7) the
information provided by the petitioner, the Department, or any interveners does
not support a determination that a rule is invalid; or
(8) there is no material conflict or
inconsistency within the Commission or Department regarding the law or rule
identified by the petitioner.
(e) The Commission shall keep a record of
each declaratory ruling, which shall include the following items:
(1) the request for a ruling;
(2) any written submission by a
party;
(3) the given state of facts
on which the ruling was based;
(4)
any transcripts of oral proceedings, or, in the absence of a transcript, a
summary of all arguments;
(5) any
other matter considered by the Commission in making the decision; and
(6) the declaratory ruling, or the decision
to refuse to issue a declaratory ruling, together with the reasons
therefore.
(f) For
purposes of this Section, a declaratory ruling shall be deemed to be in effect
until:
(1) the statute or rule interpreted by
the declaratory ruling is repealed or the relevant provisions of the statute or
rule are amended or altered;
(2)
any court of the Appellate Division of the General Court of Justice construes
the statute or rule which is the subject of the declaratory ruling in a manner
that is irreconcilable with the declaratory ruling;
(3) the Commission changes the declaratory
ruling prospectively; or,
(4) any
court sets aside the declaratory ruling in litigation between the Commission or
Department and the party requesting the ruling.
Authority
G.S.
143B-282;
150B-4;
Eff. August
1, 2004;
Readopted Eff. February 1,
2021.
