North Carolina § 150B-4 - Declaratory rulings.

§ 150B-4. Declaratory rulings.

On request of a person aggrieved, an agency shall issue a declaratory ruling as to the validity of a rule or as to the applicability to a given state of facts of a statute administered by the agency or of a rule or order of the agency. Upon request, an agency shall also issue a declaratory ruling to resolve a conflict or inconsistency within the agency regarding an interpretation of the law or a rule adopted by the agency. The agency shall prescribe in its rules the procedure for requesting a declaratory ruling and the circumstances in which rulings shall or shall not be issued. A declaratory ruling is binding on the agency and the person requesting it unless it is altered or set aside by the court. An agency may not retroactively change a declaratory ruling, but nothing in this section prevents an agency from prospectively changing a declaratory ruling. An agency shall respond to a request for a declaratory ruling as follows: Within 30 days of receipt of the request for a declaratory ruling, the agency shall make a written decision to grant or deny the request. If the agency fails to make a written decision to grant or deny the request within 30 days, the failure shall be deemed a decision to deny the request. If the agency denies the request, the decision is immediately subject to judicial review in accordance with Article 4 of this Chapter. If the agency grants the request, the agency shall issue a written ruling on the merits within 45 days of the decision to grant the request. A declaratory ruling is subject to judicial review in accordance with Article 4 of this Chapter. If the agency fails to issue a declaratory ruling within 45 days, the failure shall be deemed a denial on the merits, and the person aggrieved may seek judicial review pursuant to Article 4 of this Chapter. Upon review of an agency's failure to issue a declaratory ruling, the court shall not consider any basis for the denial that was not presented in writing to the person aggrieved. Repealed by Session Laws 1997-34, s. 1. History (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 418, s. 4; c. 477, s. 2.1; 1997-34, s. 1; 2011-398, s. 56.) Editor's Note. - This section is former G.S. 150B-17, as recodified by Session Laws 1991, c. 418, s. 4. Effect of Amendments. - Session Laws 2011-398, s. 56, effective July 25, 2011, in subsection (a), deleted "except when the agency for good cause finds issuance of a ruling undesirable" from the end of the first sentence, added the present second sentence, inserted "procedure for requesting a declaratory ruling and the" in the third sentence, and deleted the former last two sentences; and added subsection (a1). Legal Periodicals. - For article, "Advisory Rulings by Administrative Agencies: Their Benefits and Dangers," see 2 Campbell L. Rev. 1 (1980).