section .0400 – declaratory ruling
15A NCAC 05H .0401 PROCEDURE FOR
SUBMISSION OF PETITION
(a) All requests for declaratory rulings shall be filed in
writing and electronically as follows:
(1) with the Director by filing one paper copy
for each Commissioner plus five additional copies to the following address: Oil
and Gas Program, Division of Energy, Mineral, and Land Resources, 1612 Mail
Service Center, Raleigh, NC 27699-1612; and
(2) the electronic submission shall be in .pdf
format and sent to the Division at Oil&Gas@ncdenr.gov.
(b) All requests for declaratory rulings shall include the
following:
(1) the name and address of petitioner(s);
(2) the statute, rule, or order upon which a
ruling is desired;
(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;
(4) arguments or data demonstrating that the
petitioner is aggrieved by the statute, rule, or order, or by its potential
application to the petitioner;
(5) a statement of the consequences of failure
to issue a declaratory ruling in favor of the petitioner;
(6) a statement of the desired outcome; and
(7) a statement of whether an oral argument is
desired, and if so, the reason(s) for requesting such an oral argument.
(c) A petitioner may request a declaratory ruling on the
applicability of a statute, rule, or order to the petitioner, or on the
validity of a Commission rule. The petitioner may request both types of
declaratory ruling in a single request. A request on the applicability of a
statute, rule, or order shall include a detailed statement of the facts and
documentation supporting such facts, in addition to the requirements of
Paragraph (b) of this Rule. A request to determine the validity of a
Commission rule shall state the petitioner's reason(s) for the request and a
written argument, in addition to the requirements of Paragraph (b) of this
Rule.
(d) Any other person may petition to become a party by
filing a motion to intervene in the manner provided in G.S. 1A-1, Rule 24. The
Chair of the Commission shall determine whether to grant the motion to
intervene in accordance with Rule 24 of the North Carolina Rules of Civil
Procedure.
History Note: Authority G.S. 113-391(a)(14); 150B-4;
Eff. March 17, 2015.