18 N.C. Admin. Code 6A.1504

Current through Register Vol. 39, No. 9, November 1, 2024

Section 06A .1504 - REQUEST FOR INTERPRETATIVE OPINIONS: NO ACTION LETTERS

(a) Requests for interpretative opinions and "no-action" letters shall be directed to the administrator and shall contain the following:

(1) specific facts surrounding the proposed transaction in letter form with the identity of the persons involved;

(2) the statutory and/or rule citation upon which the request is based;

(3) statement of the applicant's requested interpretation supported by appropriate reasoning or justification and applicable case law or administrative opinions or decisions;

(4) any other relevant information or exhibits that the applicant desires the administrator to consider; and

(5) a fee in the amount of one hundred fifty dollars ($150.00).

(b) An interpretative opinion or "no-action" letter shall not be considered an absolute exemption or exception from a definition. The burden of proving an exemption or exception from a definition shall remain upon the person claiming it should the necessity of proof arise.

(c) The administrator may, in his discretion, honor or deny requests for interpretative opinions or "no-action" letters.

18 N.C. Admin. Code 06A .1504

Authority G.S. 78A-18(b); 78A-49(a); 78A-50(e);
Eff. April 1, 1981;
Amended Eff. October 1, 1988; January 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 6, 2016.

Authority G.S. 78A-18(b); 78A-49(a); 78A-50(e);
Eff. April 1, 1981;
Amended Eff. October 1, 1988; January 1, 1984.