(a)  Requests for interpretative opinions shall be directed to the administrator and shall contain the following:

(1)           Specific facts surrounding the proposed transaction in letter form with the identity of the persons involved;

(2)           The statutory and/or rule citation upon which the request is based;

(3)           Statement of the applicant's requested interpretation supported by appropriate reasoning or justification and applicable case law or administrative opinions or decisions;

(4)           Any other relevant information or exhibits that the applicant desires the administrator to consider; and

(5)           A fee in the amount of one hundred fifty dollars ($150.00).

(b)  An interpretative opinion shall not be considered an absolute exemption or exception from a definition.  The burden of proving an exemption or exception from a definition shall remain upon the person claiming it should the necessity of proof arise.

(c)  The administrator may, in his discretion, honor or deny requests for interpretative opinions.


History Note:        Authority G.S. 78C‑30(a); 78C‑31(e);

Temporary Rule Eff. January 2, 1989, for a period of 180 days to expire on June 30, 1989;

Eff. February 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.