SECTION .0700 ‑ DECLARATORY RULINGS

21 NCAC 42K .0701          NATURE OF THE DECLARATORY RULING

(a)  A declaratory ruling is a quasi‑judicial order of the Board, by which it addresses issues raised by an interested person regarding:

(1)           the manner in which a statute administered by the Board applies to a given fact situation;

(2)           the manner in which a rule adopted by the Board applies to a given fact situation; or

(3)           whether a particular rule of the Board is valid.

(b)  A declaratory ruling issued by the Board:

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

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

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

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

Eff. June 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.