§ 150B‑21. Agency must designate rule‑makingcoordinator; duties of coordinator.
(a) Each agency must designate one or more rule‑makingcoordinators to oversee the agency's rule‑making functions. Thecoordinator shall serve as the liaison between the agency, other agencies,units of local government, and the public in the rule‑making process. Thecoordinator shall report directly to the agency head.
(b) The rule‑making coordinator shall be responsible forthe following:
(1) Preparing notices of public hearings.
(2) Coordinating access to the agency's rules.
(3) Screening all proposed rule actions prior to publication inthe North Carolina Register to assure that an accurate fiscal note has beencompleted as required by G.S. 150B‑21.4(b).
(4) Consulting with the North Carolina Association of CountyCommissioners and the North Carolina League of Municipalities to determinewhich local governments would be affected by any proposed rule action.
(5) Providing the North Carolina Association of CountyCommissioners and the North Carolina League of Municipalities with copies ofall fiscal notes required by G.S. 150B‑21.4(b), prior to publication inthe North Carolina Register of the proposed text of a permanent rule change.
(6) Coordinating the submission of proposed rules to theGovernor as provided by G.S. 150B‑21.26.
(c) At the earliest point in the rule‑making process andin consultation with the North Carolina Association of County Commissioners,the North Carolina League of Municipalities, and with samples of countymanagers or city managers, as appropriate, the rule‑making coordinatorshall lead the agency's efforts in the development and drafting of any rules orrule changes that could:
(1) Require any unit of local government, including a county,city, school administrative unit, or other local entity funded by or through aunit of local government to carry out additional or modified responsibilities;
(2) Increase the cost of providing or delivering a publicservice funded in whole or in part by any unit of local government; or
(3) Otherwise affect the expenditures or revenues of a unit oflocal government.
(d) The rule‑making coordinator shall send to the Officeof State Budget and Management for compilation a copy of each final fiscal noteprepared pursuant to G.S. 150B‑21.4(b).
(e) The rule‑making coordinator shall compile a scheduleof the administrative rules and amendments expected to be proposed during thenext fiscal year. The coordinator shall provide a copy of the schedule to theOffice of State Budget and Management in a manner proposed by that Office.
(f) Whenever an agency proposes a rule that is purported toimplement a federal law, or required by or necessary for compliance withfederal law, or on which the receipt of federal funds is conditioned, the rule‑makingcoordinator shall:
(1) Attach to the proposed rule a certificate prepared by therule‑making coordinator identifying the federal law requiring adoption ofthe proposed rule. The certification shall contain a statement setting forththe reasons for why the proposed rule is required by law. If all or part of theproposed rule is not required by federal law or exceeds the requirements offederal law, then the certification shall state the reasons for that opinion.No comment or opinion shall be included in the certification with regard to themerits of the proposed rule; and
(2) The rule‑making coordinator shall maintain a copy ofthe federal law and shall provide to the Office of State Budget and Managementfor compilation the citation to the federal law requiring or pertaining to theproposed rule. (1991, c. 418, s. 1; 1995,c. 415, s. 1; c. 507, s. 27.8(v); 2000‑140, s. 93.1(a); 2001‑424,s. 12.2(b).)
§ 150B‑21. Agency must designate rule‑makingcoordinator; duties of coordinator.
(a) Each agency must designate one or more rule‑makingcoordinators to oversee the agency's rule‑making functions. Thecoordinator shall serve as the liaison between the agency, other agencies,units of local government, and the public in the rule‑making process. Thecoordinator shall report directly to the agency head.
(b) The rule‑making coordinator shall be responsible forthe following:
(1) Preparing notices of public hearings.
(2) Coordinating access to the agency's rules.
(3) Screening all proposed rule actions prior to publication inthe North Carolina Register to assure that an accurate fiscal note has beencompleted as required by G.S. 150B‑21.4(b).
(4) Consulting with the North Carolina Association of CountyCommissioners and the North Carolina League of Municipalities to determinewhich local governments would be affected by any proposed rule action.
(5) Providing the North Carolina Association of CountyCommissioners and the North Carolina League of Municipalities with copies ofall fiscal notes required by G.S. 150B‑21.4(b), prior to publication inthe North Carolina Register of the proposed text of a permanent rule change.
(6) Coordinating the submission of proposed rules to theGovernor as provided by G.S. 150B‑21.26.
(c) At the earliest point in the rule‑making process andin consultation with the North Carolina Association of County Commissioners,the North Carolina League of Municipalities, and with samples of countymanagers or city managers, as appropriate, the rule‑making coordinatorshall lead the agency's efforts in the development and drafting of any rules orrule changes that could:
(1) Require any unit of local government, including a county,city, school administrative unit, or other local entity funded by or through aunit of local government to carry out additional or modified responsibilities;
(2) Increase the cost of providing or delivering a publicservice funded in whole or in part by any unit of local government; or
(3) Otherwise affect the expenditures or revenues of a unit oflocal government.
(d) The rule‑making coordinator shall send to the Officeof State Budget and Management for compilation a copy of each final fiscal noteprepared pursuant to G.S. 150B‑21.4(b).
(e) The rule‑making coordinator shall compile a scheduleof the administrative rules and amendments expected to be proposed during thenext fiscal year. The coordinator shall provide a copy of the schedule to theOffice of State Budget and Management in a manner proposed by that Office.
(f) Whenever an agency proposes a rule that is purported toimplement a federal law, or required by or necessary for compliance withfederal law, or on which the receipt of federal funds is conditioned, the rule‑makingcoordinator shall:
(1) Attach to the proposed rule a certificate prepared by therule‑making coordinator identifying the federal law requiring adoption ofthe proposed rule. The certification shall contain a statement setting forththe reasons for why the proposed rule is required by law. If all or part of theproposed rule is not required by federal law or exceeds the requirements offederal law, then the certification shall state the reasons for that opinion.No comment or opinion shall be included in the certification with regard to themerits of the proposed rule; and
(2) The rule‑making coordinator shall maintain a copy ofthe federal law and shall provide to the Office of State Budget and Managementfor compilation the citation to the federal law requiring or pertaining to theproposed rule. (1991, c. 418, s. 1; 1995,c. 415, s. 1; c. 507, s. 27.8(v); 2000‑140, s. 93.1(a); 2001‑424,s. 12.2(b).)
§ 150B‑21. Agency must designate rule‑makingcoordinator; duties of coordinator.
(a) Each agency must designate one or more rule‑makingcoordinators to oversee the agency's rule‑making functions. Thecoordinator shall serve as the liaison between the agency, other agencies,units of local government, and the public in the rule‑making process. Thecoordinator shall report directly to the agency head.
(b) The rule‑making coordinator shall be responsible forthe following:
(1) Preparing notices of public hearings.
(2) Coordinating access to the agency's rules.
(3) Screening all proposed rule actions prior to publication inthe North Carolina Register to assure that an accurate fiscal note has beencompleted as required by G.S. 150B‑21.4(b).
(4) Consulting with the North Carolina Association of CountyCommissioners and the North Carolina League of Municipalities to determinewhich local governments would be affected by any proposed rule action.
(5) Providing the North Carolina Association of CountyCommissioners and the North Carolina League of Municipalities with copies ofall fiscal notes required by G.S. 150B‑21.4(b), prior to publication inthe North Carolina Register of the proposed text of a permanent rule change.
(6) Coordinating the submission of proposed rules to theGovernor as provided by G.S. 150B‑21.26.
(c) At the earliest point in the rule‑making process andin consultation with the North Carolina Association of County Commissioners,the North Carolina League of Municipalities, and with samples of countymanagers or city managers, as appropriate, the rule‑making coordinatorshall lead the agency's efforts in the development and drafting of any rules orrule changes that could:
(1) Require any unit of local government, including a county,city, school administrative unit, or other local entity funded by or through aunit of local government to carry out additional or modified responsibilities;
(2) Increase the cost of providing or delivering a publicservice funded in whole or in part by any unit of local government; or
(3) Otherwise affect the expenditures or revenues of a unit oflocal government.
(d) The rule‑making coordinator shall send to the Officeof State Budget and Management for compilation a copy of each final fiscal noteprepared pursuant to G.S. 150B‑21.4(b).
(e) The rule‑making coordinator shall compile a scheduleof the administrative rules and amendments expected to be proposed during thenext fiscal year. The coordinator shall provide a copy of the schedule to theOffice of State Budget and Management in a manner proposed by that Office.
(f) Whenever an agency proposes a rule that is purported toimplement a federal law, or required by or necessary for compliance withfederal law, or on which the receipt of federal funds is conditioned, the rule‑makingcoordinator shall:
(1) Attach to the proposed rule a certificate prepared by therule‑making coordinator identifying the federal law requiring adoption ofthe proposed rule. The certification shall contain a statement setting forththe reasons for why the proposed rule is required by law. If all or part of theproposed rule is not required by federal law or exceeds the requirements offederal law, then the certification shall state the reasons for that opinion.No comment or opinion shall be included in the certification with regard to themerits of the proposed rule; and
(2) The rule‑making coordinator shall maintain a copy ofthe federal law and shall provide to the Office of State Budget and Managementfor compilation the citation to the federal law requiring or pertaining to theproposed rule. (1991, c. 418, s. 1; 1995,c. 415, s. 1; c. 507, s. 27.8(v); 2000‑140, s. 93.1(a); 2001‑424,s. 12.2(b).)
