As a general rule the Board will issue a declaratory ruling except:

1. (1) when the subject of a requested declaratory ruling is also the subject of a lawsuit pending in a court of this state or a federal court;
2. (2) when the facts presented in the request were considered at a rule-making hearing; or
3. (3) in other special circumstances, as determined by the Board.

History Note: Authority G.S. 93-12; 150B-4;
Eff. February 1, 1976;
Readopted Eff. September 26, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 28, 2014;
Readopted Eff. June 1, 2026.