North Carolina Administrative Code
Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
Chapter 17 - DIETETICS, NUTRITION
Section .0100 - LICENSURE
Section 17 .0119 - DECLARATORY RULINGS
Universal Citation: 21 NC Admin Code 17 .0119
Current through Register Vol. 38, No. 18, March 15, 2024
(a) A request for a declaratory ruling made pursuant to G.S. 150B-4 shall be in writing and addressed to the Board at the address provided in Rule .0104(c) of this Section. The request shall contain the following information:
(1)
the name and address of the person requesting the ruling;
(2) the statute, rule, or order to which the
request relates;
(3) a concise
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; and
(4) a statement as
to whether a hearing is desired, and if desired, the reason
therefore.
(b) The Board shall refuse to issue a declaratory ruling under the following circumstances:
(1) when the Board determines it has already
made a controlling decision on substantially similar facts in 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; or
(3) when the subject matter of the request is
involved in pending litigation to which the Board is a party.
Authority
G.S.
90-356(2);
150B-4;
Eff. June 1,
2015;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. October 4,
2016.
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