North Carolina Administrative Code
Title 21 - OCCUPATIONAL LICENSING BOARDS AND COMMISSIONS
Chapter 38 - OCCUPATIONAL THERAPY
Section .0500 - RULES
Section 38 .0504 - DECLARATORY RULINGS
Universal Citation: 21 NC Admin Code 38 .0504
Current through Register Vol. 39, No. 6, September 16, 2024
(a) General. The issuance of declaratory rulings by the Board is governed by G.S. 150B-17.
(b) Contents of Request. A request for a declaratory ruling shall be in writing and addressed to the Board. The request shall contain the following information:
(1)
The name and address of the person making the request;
(2) The statute or rule to which the request
relates;
(3) A concise statement of
the manner in which the person has been aggrieved by the statute or rule;
and
(4) A statement as to whether a
hearing is desired, and if desired, the reason therefor.
(c) Refusal to Issue Ruling. The Board shall ordinarily refuse to issue a declaratory ruling under the following circumstances:
(1) When the Board 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; and
(3) When the subject matter of the request is
involved in pending litigation in North Carolina.
Authority
G.S.
150B-17;
Eff. May 1,
1989;
Pursuant to
G.S.
150B-21.3A, rule is necessary without
substantive public interest Eff. July 23,
2016.
Disclaimer: These regulations may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
