12 NCAC 10B .0107. PROCEDURES FOR PETITIONS FOR DECLARATORY RULINGS

(a) In addition to the procedures set out in G.S. 150B-4, petitions for declaratory rulings shall be submitted to the Commission and shall contain: (1) petitioner's name, address, and telephone number; (2) the statutes, rules, or both to which the request relates; (3) facts and information which are relevant to the request; (4) a concise statement of the manner in which petitioner has been aggrieved; (5) a draft of the declaratory ruling sought by petitioner, if a specified outcome is sought by petitioner; (6) practices likely to be affected by the declaratory ruling; (7) a list or description of persons likely to be affected by the declaratory ruling; and (8) a statement as to whether the petitioner desires to present oral argument, to the Commission prior to its decision. (b) The Commission shall refuse to issue a declaratory ruling when: (1) the petition does not comply with Paragraph (a) of this Rule; (2) the Commission has previously issued a declaratory ruling on substantially similar facts; (3) the Commission has previously issued a final agency decision in a contested case on substantially similar facts; (4) the facts underlying the request for a declaratory ruling were specifically considered at the time of the adoption of the rule in question; or (5) the subject matter of the request is involved in pending litigation.