Advisory Opinions

The Division of Employment of Security may issue advisory rulings, also called advisory opinions, by N.C. Gen. Stat. § 96-4(z). An advisory opinion is an interpretation of the law that applies to a set of facts.

An advisory opinion is an interpretation of the law that applies to a set of facts. Advisory opinions provide guidance to individuals before they act in a way in which they may not be allowed. DES’s advisory opinions do not, and are not intended, to adjudicate any specific case. They are merely a nonbinding interpretation that represent DES’s view of the given facts at the time DES issues the advisory opinion.

You must make a request for an advisory opinion in writing and send it to the chief counsel. You must fully and fairly describe the relevant facts that DES should consider. The chief counsel may request more information from the person requesting the ruling. DES may decline to issue a ruling if you fail to respond with the information. Other facts or historical background may require a different conclusion than the one expressed in the opinion.

DES may not issue an advisory ruling if it appears that the requestor is involved in an administrative or judicial proceeding with DES or the Board of Review involving the same or similar facts or laws. DES may also decline to issue a ruling if doing so may harm its interest in any litigation in which it is or may be a party.

Send requests for advisory rulings or advisory opinions by mail or fax.

Mail:

Chief Counsel
Attn: Advisory Opinions
Division of Employment Security
P.O. Box 25903
Raleigh, NC 27611-5903
 

Fax: 919-733-8745