SECTION .0600 ‑ DECLARATORY RULINGS

01 NCAC 01B .0601          SUBJECTS OF DECLARATORY RULINGS

(a)  Any person substantially affected by a statute or rule administered by the Department of Administration may request a declaratory ruling as to the validity of an agency rule or as to either the manner in which a statute or rule applies to a given factual situation.

(b)  A declaratory ruling issued by the agency:

(1)           is binding upon the agency and upon the person requesting it;

(2)           may be reviewed by the courts in the same manner as the final agency action in a contested case; and

(3)           may be altered by a subsequent declaratory ruling of the agency, but may not be altered retroactively.

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

Eff. July 1, 1987;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.