(a) The Commissionshall adopt any rules or definitions necessary to interpret the provisions ofthis Chapter and adopt any rules necessary to administer the provisions of thisChapter, except for Articles 2, 4 and 8 of this Chapter. The Secretary of Stateshall adopt any rules, orders, and forms as are necessary to administer theprovisions of Articles 2, 4 and 8 of this Chapter. The Secretary of State mayappoint a council to advise the Secretary in adopting rules under this section.
(b) With respect to theforms adopted under subsection (a) of this section, the Secretary of Stateshall adopt rules to protect from disclosure all confidential information underChapter 132 of the General Statutes related to economic development initiativesor to industrial or business recruitment activities. The information shallremain confidential until the State, a unit of local government, or thebusiness has announced a commitment by the business to expand or locate aspecific project in this State or a final decision not to do so, and thebusiness has communicated that commitment or decision to the State or localgovernment agency involved with the project.
(c) In adopting rulesunder this Chapter, the Commission is exempt from the requirements of Article2A of Chapter 150B of the General Statutes, except that the Commission shallcomply with G.S. 150B‑21.2(d). At least 30 business days prior toadopting a rule, the Commission shall:
(1) Publish the proposedrules in the North Carolina Register.
(2) Submit the rule anda notice of public hearing to the Codifier of Rules, and the Codifier of Rulesshall publish the proposed rule and the notice of public hearing on theInternet to be posted within five business days.
(3) Notify those on themailing list maintained in accordance with G.S. 150B‑21.2(d) and anyother interested parties of its intent to adopt a rule and of the publichearing.
(4) Accept writtencomments on the proposed rule for at least 15 business days prior to adoptionof the rule.
(5) Hold at least onepublic hearing on the proposed rule no less than five days after the rule andnotice have been published.
A rule adopted under thissubsection becomes effective the first day of the month following the month thefinal rule is submitted to the Codifier of Rules for entry into the NorthCarolina Administrative Code.
(d) For purposes ofG.S. 150B‑21.3(b2), a written objection filed by the Commission to a ruleadopted by the Secretary of State pursuant to this Chapter shall be deemed writtenobjections from 10 or more persons under that statute. Notwithstanding G.S.150B‑21.3(b2), a rule adopted by the Secretary of State pursuant to thisChapter objected to by the Commission under this subsection shall not becomeeffective until an act of the General Assembly approving the rule has becomelaw. If the General Assembly does not approve a rule under this subsection bythe day of adjournment of the next regular session of the General Assembly thatbegins at least 25 days after the date the Rules Review Commission approves therule, the permanent rule shall not become effective and any temporary ruleassociated with the permanent rule expires. If the General Assembly fails toapprove a rule by the day of adjournment, the Secretary of State may initiaterulemaking for a new permanent rule, including by the adoption of a temporaryrule. (1991, c.740, s. 1.1; 2005‑456, s. 1; 2006‑201, s. 18; 2007‑348, s. 9;2008‑213, s. 9.)
(a) The Commissionshall adopt any rules or definitions necessary to interpret the provisions ofthis Chapter and adopt any rules necessary to administer the provisions of thisChapter, except for Articles 2, 4 and 8 of this Chapter. The Secretary of Stateshall adopt any rules, orders, and forms as are necessary to administer theprovisions of Articles 2, 4 and 8 of this Chapter. The Secretary of State mayappoint a council to advise the Secretary in adopting rules under this section.
(b) With respect to theforms adopted under subsection (a) of this section, the Secretary of Stateshall adopt rules to protect from disclosure all confidential information underChapter 132 of the General Statutes related to economic development initiativesor to industrial or business recruitment activities. The information shallremain confidential until the State, a unit of local government, or thebusiness has announced a commitment by the business to expand or locate aspecific project in this State or a final decision not to do so, and thebusiness has communicated that commitment or decision to the State or localgovernment agency involved with the project.
(c) In adopting rulesunder this Chapter, the Commission is exempt from the requirements of Article2A of Chapter 150B of the General Statutes, except that the Commission shallcomply with G.S. 150B‑21.2(d). At least 30 business days prior toadopting a rule, the Commission shall:
(1) Publish the proposedrules in the North Carolina Register.
(2) Submit the rule anda notice of public hearing to the Codifier of Rules, and the Codifier of Rulesshall publish the proposed rule and the notice of public hearing on theInternet to be posted within five business days.
(3) Notify those on themailing list maintained in accordance with G.S. 150B‑21.2(d) and anyother interested parties of its intent to adopt a rule and of the publichearing.
(4) Accept writtencomments on the proposed rule for at least 15 business days prior to adoptionof the rule.
(5) Hold at least onepublic hearing on the proposed rule no less than five days after the rule andnotice have been published.
A rule adopted under thissubsection becomes effective the first day of the month following the month thefinal rule is submitted to the Codifier of Rules for entry into the NorthCarolina Administrative Code.
(d) For purposes ofG.S. 150B‑21.3(b2), a written objection filed by the Commission to a ruleadopted by the Secretary of State pursuant to this Chapter shall be deemed writtenobjections from 10 or more persons under that statute. Notwithstanding G.S.150B‑21.3(b2), a rule adopted by the Secretary of State pursuant to thisChapter objected to by the Commission under this subsection shall not becomeeffective until an act of the General Assembly approving the rule has becomelaw. If the General Assembly does not approve a rule under this subsection bythe day of adjournment of the next regular session of the General Assembly thatbegins at least 25 days after the date the Rules Review Commission approves therule, the permanent rule shall not become effective and any temporary ruleassociated with the permanent rule expires. If the General Assembly fails toapprove a rule by the day of adjournment, the Secretary of State may initiaterulemaking for a new permanent rule, including by the adoption of a temporaryrule. (1991, c.740, s. 1.1; 2005‑456, s. 1; 2006‑201, s. 18; 2007‑348, s. 9;2008‑213, s. 9.)
(a) The Commissionshall adopt any rules or definitions necessary to interpret the provisions ofthis Chapter and adopt any rules necessary to administer the provisions of thisChapter, except for Articles 2, 4 and 8 of this Chapter. The Secretary of Stateshall adopt any rules, orders, and forms as are necessary to administer theprovisions of Articles 2, 4 and 8 of this Chapter. The Secretary of State mayappoint a council to advise the Secretary in adopting rules under this section.
(b) With respect to theforms adopted under subsection (a) of this section, the Secretary of Stateshall adopt rules to protect from disclosure all confidential information underChapter 132 of the General Statutes related to economic development initiativesor to industrial or business recruitment activities. The information shallremain confidential until the State, a unit of local government, or thebusiness has announced a commitment by the business to expand or locate aspecific project in this State or a final decision not to do so, and thebusiness has communicated that commitment or decision to the State or localgovernment agency involved with the project.
(c) In adopting rulesunder this Chapter, the Commission is exempt from the requirements of Article2A of Chapter 150B of the General Statutes, except that the Commission shallcomply with G.S. 150B‑21.2(d). At least 30 business days prior toadopting a rule, the Commission shall:
(1) Publish the proposedrules in the North Carolina Register.
(2) Submit the rule anda notice of public hearing to the Codifier of Rules, and the Codifier of Rulesshall publish the proposed rule and the notice of public hearing on theInternet to be posted within five business days.
(3) Notify those on themailing list maintained in accordance with G.S. 150B‑21.2(d) and anyother interested parties of its intent to adopt a rule and of the publichearing.
(4) Accept writtencomments on the proposed rule for at least 15 business days prior to adoptionof the rule.
(5) Hold at least onepublic hearing on the proposed rule no less than five days after the rule andnotice have been published.
A rule adopted under thissubsection becomes effective the first day of the month following the month thefinal rule is submitted to the Codifier of Rules for entry into the NorthCarolina Administrative Code.
(d) For purposes ofG.S. 150B‑21.3(b2), a written objection filed by the Commission to a ruleadopted by the Secretary of State pursuant to this Chapter shall be deemed writtenobjections from 10 or more persons under that statute. Notwithstanding G.S.150B‑21.3(b2), a rule adopted by the Secretary of State pursuant to thisChapter objected to by the Commission under this subsection shall not becomeeffective until an act of the General Assembly approving the rule has becomelaw. If the General Assembly does not approve a rule under this subsection bythe day of adjournment of the next regular session of the General Assembly thatbegins at least 25 days after the date the Rules Review Commission approves therule, the permanent rule shall not become effective and any temporary ruleassociated with the permanent rule expires. If the General Assembly fails toapprove a rule by the day of adjournment, the Secretary of State may initiaterulemaking for a new permanent rule, including by the adoption of a temporaryrule. (1991, c.740, s. 1.1; 2005‑456, s. 1; 2006‑201, s. 18; 2007‑348, s. 9;2008‑213, s. 9.)
