SECTION .0500 ‑ DECLARATORY RULINGS

 

15A NCAC 10A .0501       WHEN ISSUED

In accordance with the procedures set forth in Rule .0503 of

this Section, and except as provided in Rule .0502 of this Section, a

declaratory ruling is authorized to be issued by the Wildlife Resources

Commission when there is submitted to the Executive Director a written request

signed and verified under oath by or on behalf of a person or group of persons

of common interest who will be substantially affected in their persons, property,

public office or employment by such ruling; and which request shows on its

face:

(1)           that there is an actual controversy as to the

applicability of a specific rule or regulation of the Commission, or of a

specific statute administered or enforced by the Commission, to an existing

factual situation;

(2)           that every relevant fact and circumstance necessary

to the ruling is definitively stated and is conceded by all parties to be a

true and existing fact or circumstance for all purposes;

(3)           that all parties who will be directly or indirectly

affected by the ruling, other than the Commission and its agents and employees,

have joined in the request therefor and in the verification of the facts

therein set forth; and

(4)           that the ruling will be final and determinative of

the controversy and binding on all parties affected thereby, subject only to

reversal or modification by a court on direct judicial review as provided by

law.

 

History Note:        Authority G.S. 150B‑4;

Eff. February 1, 1976.