(a) On 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.
(a1) An agency shall respond to a request for a declaratory ruling as follows:
(1) Within 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.
(2) If the agency denies the request, the decision is immediately subject to judicial review in accordance with Article 4 of this Chapter.
(3) If 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.
(4) If 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.
(b) Repealed by Session Laws 1997-34, s. 1.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.)
§§ 150B-5 through 150B-8. Reserved for future codification purposes.
Article 2.
Rule Making.
§§ 150B-9 through 150B-16: Repealed by Session Laws 1991, c. 418, s. 5.
§ 150B-17: Recodified as § 150B-4 by Session Laws 1991, c. 418, s. 4.
Article 2A.
Rules.
Part 1. General Provisions.
Notes of Decisions
Affordable Care, Inc. v. North Carolina State Bd. of Dental Examiners, 571 S.E.2d 52 (N.C. Ct. App. 2002).
· cites it 18× “Gen. Stat. § 150B-4(a) (2001). The ruling would be binding on the agency and plaintiffs unless altered or set aside by a court, and any ruling would be subject to judicial review in the same manner as an order in a contested case.”
Diggs v. North Carolina Dep't of Health & Human Servs., 578 S.E.2d 666 (N.C. Ct. App. 2003).
· cites it 18× “Petitioner, a custodial parent of three children and the former adult caretaker of her niece, Shae Little, petitioned DHHS on 1 June 2001 for a declaratory ruling pursuant to N.C. Gen. Stat. § 150B-4 alleging the practice of calculating the debt owed to the State when an adult…”
Equity Solutions of the Carolinas, Inc. v. North Carolina Dep't of State Treasurer, 754 S.E.2d 243 (N.C. Ct. App. 2014).
· cites it 18× “presented merely hypothetical circumstances and did not provide ‘a given state of facts’ regarding genuine and legally valid ‘assignments’ about which Equity Solutions is presently ‘aggrieved’ within the meaning of N.C. Gen. Stat. § 150B-4.” The order additionally found:…”
Beason v. North Carolina Dep't of the Sec'y of State, 741 S.E.2d 663 (N.C. Ct. App. 2013).
· cites it 14× “1 On 23 March 2011, pursuant to N.C. Gen. Stat. § 150B-4 and § 150B-43, petitioner filed a Petition for Judicial Review (“Petition”) of respondent’s decision to deny petitioner’s Request.”
Chatmon v. North Carolina Dep't of Health & Human Servs., 622 S.E.2d 684 (N.C. Ct. App. 2005).
· cites it 8× “Section 150B-4 provides in pertinent part: On 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,…”
N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Examiners, 821 S.E.2d 376 (N.C. 2018).
· cites it 6× “**698 In this case we must determine whether the Business Court erred by affirming a declaratory ruling issued by the North Carolina Board of Physical Therapy Examiners (Physical Therapy Board) pursuant to N.C.G.S. § 150B-4 determining that dry needling constitutes physical…”
Meads v. North Carolina Dep't of Agric., 509 S.E.2d 165 (N.C. 1998).
· cites it 3× “§ 150B-20, or (2) request a declaratory ruling from the Pesticide Board pursuant to N.C.G.S. § 150B-4. We conclude that the NCDA’s argument is without merit.”
Shell Island Homeowners Ass'n v. Tomlinson, 517 S.E.2d 406 (N.C. Ct. App. 1999).
· cites it 2× “§ 113A-124(c)(7); N.C. Gen. Stat. § 150B-4. Indeed, plaintiffs have not even applied for a permit for the erosion control structure requested in their amended complaint in this action.”
Cabarrus Cty. Bd. of Educ. v. Dep't of State Treasurer, 821 S.E.2d 196 (N.C. Ct. App. 2018).
· cites it 2× “Procedural History The Cabarrus County Board of Education ("Petitioner"), filed a "Request for Declaratory Ruling" pursuant to N.C. Gen. Stat. § 150B-4 (2017) and 20 N.”
— N.C. Gen. Stat. § 150B-4(a) — 17 cases
Beason v. North Carolina Dep't of the Sec'y of State, 741 S.E.2d 663 (N.C. Ct. App. 2013).
“1 On 23 March 2011, pursuant to N.C. Gen. Stat. § 150B-4 and § 150B-43, petitioner filed a Petition for Judicial Review (“Petition”) of respondent’s decision to deny petitioner’s Request.”
— N.C. Gen. Stat. § 150B-4(a1)(3) — 1 case
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