14b NCAC 01B .0405       DEFINITION

For purposes of Rule .0404 of this Section, a declaratory ruling shall be deemed to be "in effect": until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed; until the Department of Crime Control and Public Safety changes the declaratory ruling prospectively for good reasons; or until any court sets aside the ruling in litigation between the Department of Crime Control and Public Safety and the party requesting the rule; or until any court of the Appellate Division of the General Court of Justice shall construe the statute or rule which is the subject of the declaratory ruling in a manner plainly irreconcilable with the declaratory ruling.


History Note:        Authority G.S. 150B-12; 150B-17;

Eff. February 1, 1976;

Amended Eff. December 1, 1979;

Transferred from 14A NCAC 01B .0405 Eff. June 1, 2013;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 3, 2017.