AI-assisted research summary: An agency must issue declaratory rulings on request from a person aggrieved, follow its own rules for requests, and act within set deadlines.
(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 (b)Repealed by Session Laws 1997-34, s. 1. Reserved for future codification purposes. Repealed by Session Laws 1991, c. 418, s. 5. Recodified as § 150B-4 by Session Laws 1991, c. 418, s. 4, effective October 1, 1991. History: History.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.