21 NCAC 42K .0704          RECORD OF DECLARATORY RULING

(a)  A record of each declaratory ruling and the proceedings held in connection with such ruling will be maintained by the Board at least until:

(1)           the statute or rule interpreted by the declaratory ruling is amended or repealed;

(2)           the Board prospectively changes the declaratory ruling;

(3)           any court sets aside the ruling in litigation between the Board and the party requesting the ruling; or

(4)           any court of the Appellate Division of the General Court of Justice construes the statute or rule that is the subject of the declaratory ruling in a manner plainly irreconcilable with the declaratory ruling.

(b)  The record will contain:

(1)           the Request for Declaratory Ruling;

(2)           all written submissions filed in the request, whether filed by the person requesting the ruling or by any other person;

(3)           a record or summary of oral presentation, if any; and

(4)           a copy of the declaratory ruling.

(c)  Records of declaratory rulings will be available for public inspection during the regular office hours of the Board.

History Note:        Authority G.S. 132‑6; 150B‑4;

Eff. June 1, 1989;

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