SECTION .0300 ‑ DECLARATORY RULINGS

11 NCAC 01 .0301             DECLARATORY RULINGS: GENERAL INFORMATION

(a)  Declaratory rulings pursuant to G.S. 150B‑4 shall be issued by the Department only:

(1)           as to the validity of a rule adopted by the Department; or

(2)           as to the applicability to a given state of facts of:

(A)          a statute administered by the Department,

(B)          a rule adopted by the Department, or

(C)          an order issued by the Department.

(b)  A declaratory ruling shall not be issued on a matter requiring an evidentiary proceeding.

History Note:        Authority G.S. 58-2-40(1); 150B‑4;

Eff. February 1, 1976;

Readopted Eff. May 12, 1978;

Amended Eff. March 1, 2011; July 1, 1992; August 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019.