21 N.C. Admin. Code 42K.0704

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

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(1) the statute or rule interpreted by the declaratory ruling is amended or repealed;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

21 N.C. Admin. Code 42K .0704

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.

Authority G.S. 132-6; 150B-4;
Eff. June 1, 1989.