21 N.C. Admin. Code 42K.0701

Current through Register Vol. 39, No. 9, November 1, 2024

Section 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.

21 N.C. Admin. Code 42K .0701

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.

Authority G.S. 150B-4;
Eff. June 1, 1989.