21 NCAC 14B .0506          CIRCUMSTANCES

The Board may refuse to issue a declaratory ruling on the validity of a rule for just cause for any of the following reasons:

(1)           The Board has already made a declaratory ruling on substantially similar facts in a contested case; or

(2)           The facts underlying the request for a ruling were specifically considered at the time of the adoption of the rule in question; or

(3)           The subject matter of the request is involved in pending litigation in North Carolina.

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

Eff. February 1, 1976;

Amended Eff. January 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015;

Readopted Eff. April 1, 2026.