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. 38, No. 18, March 15, 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.
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