1 N.C. Admin. Code 1B.0601

Current through Register Vol. 39, No. 12, December 1, 2024

Section 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.

01 N.C. Admin. Code 01B .0601

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.

Authority G.S. 150B-17;
Eff. July 1, 1987.