04 NCAC 12D .0119. DEFINITION

For purposes of Rule .0018 of this Subchapter, 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be deemed to be "in effect":  until the statute or rule interpreted by the declaratory ruling is amended, altered or repealed; until the North Carolina Department of Commerce changes the declaratory ruling prospectively for good reasons; or until any court sets aside the ruling in litigation between the North Carolina Department of Commerce 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:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978.