{"data":{"id":"us-nc/n.c.-gen.-stat.-150b-4","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 150B-4","heading":"Declaratory rulings.","body":"(a)\tOn 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.\n(a1)\tAn agency shall respond to a request for a declaratory ruling as follows:\n(1)\tWithin 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.\n(2)\tIf the agency denies the request, the decision is immediately subject to judicial review in accordance with Article 4 of this Chapter.\n(3)\tIf 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.\n(4)\tIf 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.\n(b)\tRepealed by Session Laws 1997-34, s. 1. (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.)","path":["Chapter 150B. Administrative Procedure Act.","Article 1. General Provisions."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_150B/GS_150B-4.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:23:42Z","sha256":"2a8f9498e8b66917a7e33b85db432a77559247a3b4e1ec44d08650cad5c44fe4","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-150b-3","next":"us-nc/n.c.-gen.-stat.-150b-5-through-150b-8"},"notice":"GroundRules: Original legal text. Not legal advice."}