CHAPTER 4 ‑ DECLARATORY RULINGS

06 NCAC 04 .0101             DECLARATORY RULING PROCESS

Any person substantially affected by a rule approved or adopted by the Council of State may request a declaratory ruling as to either the manner in which the rule applies to a given factual situation, if at all, or as to whether a particular rule of the Council is valid.  Such persons may also request either type of declaratory ruling concerning the statute under which the rule was adopted.  All requests for declaratory rulings shall be submitted to the executive department responsible for administering the statute to which the rule relates.  All such requests shall be in accordance with the administrative procedures of the responsible executive department.  The chief executive officer of the responsible executive department shall respond to the request in accord with the applicable administrative procedures of the department.  The chief executive officer of the responsible department shall also notify the Council of any such request received and the department's proposed disposition thereof.  The Council may, in its discretion, review and amend any such proposed departmental declaratory rulings.  It may also take such other action in regard thereto as it deems necessary.

History Note:        Authority G.S. 147‑13; 150B‑17;

Eff. February 3, 1976;

Amended Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015.

06 NCAC 04 .0102             RECORDS OF DECLARATORY RULINGS

A record of all declaratory ruling proceedings shall be maintained in the executive department responsible for administering the statute to which the questioned rule relates.  The record shall be maintained in accordance with the department's administrative procedures.  Also, a record of the dispositions of all such declaratory ruling proceedings shall be kept in the Council journal.

History Note:        Authority G.S. 147‑13; 150B‑17;

Eff. February 3, 1976;

Amended Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015.