1. (a) A record of each declaratory ruling and the proceedings held in connection with such ruling will be maintained by the Board at least until:

   1. (1) the statute or rule interpreted by the declaratory ruling is amended or repealed;
   2. (2) the Board prospectively changes the declaratory ruling;
   3. (3) any court sets aside the ruling in litigation between the Board and the party requesting the ruling; or
   4. (4) any court of the Appellate Division of the General Court of Justice construes the statute or rule that is the subject of the declaratory ruling in a manner plainly irreconcilable with the declaratory ruling.

2. (b) The record will contain:

   1. (1) the Request for Declaratory Ruling;
   2. (2) all written submissions filed in the request, whether filed by the person requesting the ruling or by any other person;
   3. (3) a record or summary of oral presentation, if any; and
   4. (4) a copy of the declaratory ruling.
3. (c) Records of declaratory rulings will be available for public inspection during the regular office hours of the Board.

History Note: Authority G.S. 132‑6; 150B‑4;
Eff. June 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015.