§ 150B-4. Declaratory rulings. - North Carolina Statutes

§ 150B‑4. Declaratory rulings.

(a)        On request of a person aggrieved, an agency shall issue adeclaratory ruling as to the validity of a rule or as to the applicability to agiven state of facts of a statute administered by the agency or of a rule ororder of the agency, except when the agency for good cause finds issuance of aruling undesirable. The agency shall prescribe in its rules the circumstancesin which rulings shall or shall not be issued. A declaratory ruling is bindingon the agency and the person requesting it unless it is altered or set aside bythe court. An agency may not retroactively change a declaratory ruling, butnothing in this section prevents an agency from prospectively changing adeclaratory ruling. A declaratory ruling is subject to judicial review in thesame manner as an order in a contested case. Failure of the agency to issue adeclaratory ruling on the merits within 60 days of the request for such rulingshall constitute a denial of the request as well as a denial of the merits ofthe request and shall be subject to judicial review.

(b)        Repealed by Session Laws 1997‑34, s. 1. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c.418, s. 4; c. 477, s. 2.1; 1997‑34, s. 1.)