North Carolina Administrative Code
Title 04 - COMMERCE
Chapter 06 - CREDIT UNION DIVISION
Subchapter B - RULE-MAKING: DECLARATORY RULINGS AND CONTESTED CASES
Section .0400 - DECLARATORY RULINGS
Section 06B .0402 - RESPONSE OF ADMINISTRATOR TO PETITION
Universal Citation: 04 NC Admin Code 06B .0402
Current through Register Vol. 39, No. 6, September 16, 2024
(a) A written response to the petition for a declaratory ruling, whether in the form of a declaratory ruling or a refusal to issue a declaratory ruling, shall be issued as set forth in G.S. 150B-4.
(b) The Administrator shall issue a declaratory ruling, except when:
(1) the
request for a declaratory ruling does not meet the requirements set forth in
this Subchapter;
(2) the subject
matter is one in which the Administrator has no authority to issue a binding
decision;
(3) the question is
presented in such a manner that the Administrator cannot determine what the
question is, or that the Administrator cannot respond with a specific
ruling;
(4) the petitioner does not
qualify as a person aggrieved, as defined in
G.S.
150B-2(6);
(5) the Administrator has previously issued a
declaratory ruling, or issued a final agency decision in a contested case, in
which the same facts were considered;
(6) the facts underlying the request for a
declaratory ruling were considered at the time the Rule was adopted;
or
(7) the subject matter of the
petition is involved in pending litigation.
(c) When the Administrator refuses to issue a declaratory ruling, the Administrator shall notify the petitioner of its decision in writing, stating reasons for the denial of a declaratory ruling.
Authority
G.S.
54-109.12;
150B-4;
Eff. June 1,
1990;
Readopted Eff. February 1,
2018.
Disclaimer: These regulations may not be the most recent version. North Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
