15A N.C. Admin. Code 2I.0602

Current through Register Vol. 39, No. 6, September 16, 2024

Section 02I .0602 - PROCEDURE FOR SUBMISSION OF PETITION

(a) All requests for a declaratory ruling shall be filed with the Director of the appropriate Division and a copy in electronic form shall also be sent to the Recording Clerk of the Commission:

Director

Division of Air Quality

1641 Mail Service Center

Raleigh, NC 27699-1641

Director

Division of Energy, Mineral, and Land Resources

1612 Mail Service Center

Raleigh, North Carolina 27699-1612

Director

Division of Mitigation Services

1652 Mail Service Center

Raleigh, NC 27699-1652

Director

Division of Waste Management

1646 Mail Service Center

Raleigh, North Carolina 27699-1646

Director

Division of Water Resources

1611 Mail Service Center

Raleigh, NC 27699-1611

Recording Clerk of the Commission

Directors Office

Division of Water Resources

1611 Mail Service Center

Raleigh, NC 27699-1611

EMCclerk@ncdenr.gov

(b) All requests shall include the following:

(1) name and address of petitioner(s);

(2) the rule, statute or order upon which a ruling is desired;

(3) a statement as to whether the request is for a ruling on:

(A) the validity of a rule; or

(B) the applicability of a rule, order or statute to a given factual situation; or

(C) a conflict or inconsistency within the Commission or the Department regarding interpretation of a law or rule adopted by the Commission;

(4) arguments or data which demonstrate that the petitioner is aggrieved by the rule or statute or its potential application to the petitioner;

(5) a statement of the consequences of a failure to issue a declaratory ruling in favor of the petitioner;

(6) a draft of the proposed ruling; 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 request for a ruling on the applicability of a rule, order, or statute shall include a statement of the specific facts to a given factual situation and documentation supporting those facts. A request for a ruling on the validity of a Commission rule shall state the aggrieved person's reason(s) for questioning the validity of the rule and a brief or legal memorandum supporting the aggrieved person's position. A request for a ruling to resolve a conflict or inconsistency within the Commission or the Department regarding interpretation of a law or rule adopted by the Commission shall include a written description identifying the conflict or inconsistency, the relevant Division(s) and program area(s), the interpretation provided by the agency, and the law or rule in question. A person may ask for multiple types of declaratory rulings in a single request.

(d) In the manner provided in G.S. 150B-23(d), any other person may request to intervene in the request for declaratory ruling. The request to intervene shall be determined by the Chair of the Commission.

15A N.C. Admin. Code 02I .0602

Authority G.S. 143B-282; 150B-4;
Eff. August 1, 2004;
Readopted Eff. February 1, 2021.

Authority G.S. 150B-4;
Eff. 8/1/2004.

Readopted by North Carolina Register Volume 35, Issue 17, March 1, 2021 effective 2/1/2021.