SECTION .0200 ‑ DECLARATORY RULINGS

 

04 NCAC 01B .0201          REQUEST FOR A DECLARATORY RULING

(a)  Any person substantially affected by a statute

administered or rule promulgated by the secretary's office of the Department of

Commerce may request a declaratory ruling as to:

(1)           whether, and if so how, the statute or rule

applies to a given factual situation; or

(2)           whether a particular agency rule is valid.

(b)  The secretary has the power to make such declaratory

rulings.  All requests for declaratory rulings shall be submitted in writing

to:

Secretary, Department

of Commerce

P.O. Box 25249

Raleigh, North

Carolina 27611.

(c)  All requests for a declaratory ruling must include the

following information:

(1)           name and address of petitioner;

(2)           statute or rule to which petition relates;

(3)           concise statement of the manner in which

petitioner is aggrieved by the rule or statute or its potential application to

him; and

(4)           a statement of whether an oral hearing is

desired, and, if so, the reasons for such an oral hearing.

 

History Note:        Authority G.S. 150B‑17;

Eff. February 1, 1976.