10A N.C. Admin. Code 09 .2003 - DECLARATORY RULINGS
(a) All requests
for declaratory rulings shall be by written petition as described in Paragraph
(b) of this Rule and shall be submitted to:
Rulemaking Coordinator
Division of Child Development and Early Education
2201 Mail Service Center
Raleigh, North Carolina 27699-2200
(b) Every request for a declaratory ruling
shall include the following information:
(1)
the name and address of the petitioner;
(2) the statute or rule to which the petition
relates;
(3) a statement of the
manner in which the petitioner is aggrieved by the rule or statute or its
potential application to him or her; and
(4) the consequences for the petitioner of a
failure to issue a declaratory ruling.
(c) When a request for a declaratory ruling
meets the requirements of Paragraph (b) of this Rule, the Commission shall
determine whether it has the statutory authority to grant the declaratory
ruling and if so, grant the request for a declaratory ruling within 30 days of
the receipt of the petition.
(d) A
declaratory ruling procedure shall consist of written submissions, oral
hearings, and such other procedures as the Commission deems necessary to
understand the issues involved in the particular case.
(e) If the Commission grants the declaratory
ruling request, the Commission shall issue notice by posting on the Division's
website at
http://ncchildcare.dhhs.state.nc.us/general/whatsnew.asp
that written comments may be submitted or oral presentations received at a
scheduled hearing.
(f) A record of
all declaratory ruling proceedings shall be maintained by the Division and
shall be available for public inspection during regular business hours. This
record shall contain:
(1) the original
request;
(2) the reasons for
refusing to issue a ruling;
(3) all
written memoranda and information submitted;
(4) any written minutes or audio tape or
other record of the oral hearing; and
(5) a statement of the ruling.
Notes
Eff. November 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015;
Amended Eff. February 1, 2016.
Eff. November 1, 1989.
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