§ 150B‑21.2. Procedure for adopting a permanentrule.
(a) Steps. Before an agency adopts a permanent rule, it musttake the following actions:
(1) Publish a notice of text in the North Carolina Register.
(2) When required by G.S. 150B‑21.4, prepare or obtain afiscal note for the proposed rule.
(3) Repealed by Session Laws 2003‑229, s. 4, effectiveJuly 1, 2003.
(4) When required by subsection (e) of this section, hold apublic hearing on the proposed rule after publication of the proposed text ofthe rule.
(5) Accept oral or written comments on the proposed rule asrequired by subsection (f) of this section.
(b) Repealed by Session Laws 2003‑229, s. 4, effectiveJuly 1, 2003.
(c) Notice of Text. A notice of the proposed text of a rulemust include all of the following:
(1) The text of the proposed rule.
(2) A short explanation of the reason for the proposed rule.
(3) A citation to the law that gives the agency the authority toadopt the rule.
(4) The proposed effective date of the rule.
(5) The date, time, and place of any public hearing scheduled onthe rule.
(6) Instructions on how a person may demand a public hearing ona proposed rule if the notice does not schedule a public hearing on theproposed rule and subsection (e) of this section requires the agency to hold apublic hearing on the proposed rule when requested to do so.
(7) The period of time during which and the person to whomwritten comments may be submitted on the proposed rule.
(8) If a fiscal note has been prepared for the rule, a statementthat a copy of the fiscal note can be obtained from the agency.
(9) The procedure by which a person can object to a proposedrule and the requirements for subjecting a proposed rule to the legislativereview process.
(d) Mailing List. An agency must maintain a mailing list ofpersons who have requested notice of rule making. When an agency publishes inthe North Carolina Register a notice of text of a proposed rule, it must mail acopy of the notice or text to each person on the mailing list who has requestednotice on the subject matter described in the notice or the rule affected. Anagency may charge an annual fee to each person on the agency's mailing list tocover copying and mailing costs.
(e) Hearing. An agency must hold a public hearing on a rule itproposes to adopt if the agency publishes the text of the proposed rule in theNorth Carolina Register and the agency receives a written request for a publichearing on the proposed rule within 15 days after the notice of text ispublished.
An agency may hold a public hearing on a proposed rule in othercircumstances. When an agency is required to hold a public hearing on aproposed rule or decides to hold a public hearing on a proposed rule when it isnot required to do so, the agency must publish in the North Carolina Register anotice of the date, time, and place of the public hearing. The hearing date ofa public hearing held after the agency publishes notice of the hearing in theNorth Carolina Register must be at least 15 days after the date the notice ispublished. If notice of a public hearing has been published in the NorthCarolina Register and that public hearing has been cancelled, the agency shallpublish notice in the North Carolina Register at least 15 days prior to thedate of any rescheduled hearing.
(f) Comments. An agency must accept comments on the text of aproposed rule that is published in the North Carolina Register for at least 60days after the text is published or until the date of any public hearing heldon the proposed rule, whichever is longer. An agency must consider fully allwritten and oral comments received.
(g) Adoption. An agency shall not adopt a rule until the timefor commenting on the proposed text of the rule has elapsed and shall not adopta rule if more than 12 months have elapsed since the end of the time forcommenting on the proposed text of the rule. An agency shall not adopt a rulethat differs substantially from the text of a proposed rule published in theNorth Carolina Register unless the agency publishes the text of the proposeddifferent rule in the North Carolina Register and accepts comments on theproposed different rule for the time set in subsection (f) of this section.
An adopted rule differs substantially from a proposed rule if it doesone or more of the following:
(1) Affects the interests of persons who, based on the proposedtext of the rule published in the North Carolina Register, could not reasonablyhave determined that the rule would affect their interests.
(2) Addresses a subject matter or an issue that is not addressedin the proposed text of the rule.
(3) Produces an effect that could not reasonably have beenexpected based on the proposed text of the rule.
When an agency adopts a rule, it shall not takesubsequent action on the rule without following the procedures in this Part. Anagency must submit an adopted rule to the Rules Review Commission within 30days of the agency's adoption of the rule.
(h) Explanation. An agency must issue a concise writtenstatement explaining why the agency adopted a rule if, within 15 days after theagency adopts the rule, a person asks the agency to do so. The explanation muststate the principal reasons for and against adopting the rule and must discusswhy the agency rejected any arguments made or considerations urged against theadoption of the rule. The agency must issue the explanation within 15 daysafter receipt of the request for an explanation.
(i) Record. An agency must keep a record of a rule‑makingproceeding. The record must include all written comments received, a transcriptor recording of any public hearing held on the rule, and any writtenexplanation made by the agency for adopting the rule. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 63; 1977, c. 915, s.2; 1983, c. 927, ss. 3, 7; 1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c.1022, s. 1(1), (7); 1987, c. 285, ss. 7‑9; 1989, c. 5, s. 1; 1991, c.418, s. 1; 1995, c. 507, s. 27.8(d); 1996, 2nd Ex. Sess., c. 18, s. 7.10(e);2003‑229, s. 4.)
§ 150B‑21.2. Procedure for adopting a permanentrule.
(a) Steps. Before an agency adopts a permanent rule, it musttake the following actions:
(1) Publish a notice of text in the North Carolina Register.
(2) When required by G.S. 150B‑21.4, prepare or obtain afiscal note for the proposed rule.
(3) Repealed by Session Laws 2003‑229, s. 4, effectiveJuly 1, 2003.
(4) When required by subsection (e) of this section, hold apublic hearing on the proposed rule after publication of the proposed text ofthe rule.
(5) Accept oral or written comments on the proposed rule asrequired by subsection (f) of this section.
(b) Repealed by Session Laws 2003‑229, s. 4, effectiveJuly 1, 2003.
(c) Notice of Text. A notice of the proposed text of a rulemust include all of the following:
(1) The text of the proposed rule.
(2) A short explanation of the reason for the proposed rule.
(3) A citation to the law that gives the agency the authority toadopt the rule.
(4) The proposed effective date of the rule.
(5) The date, time, and place of any public hearing scheduled onthe rule.
(6) Instructions on how a person may demand a public hearing ona proposed rule if the notice does not schedule a public hearing on theproposed rule and subsection (e) of this section requires the agency to hold apublic hearing on the proposed rule when requested to do so.
(7) The period of time during which and the person to whomwritten comments may be submitted on the proposed rule.
(8) If a fiscal note has been prepared for the rule, a statementthat a copy of the fiscal note can be obtained from the agency.
(9) The procedure by which a person can object to a proposedrule and the requirements for subjecting a proposed rule to the legislativereview process.
(d) Mailing List. An agency must maintain a mailing list ofpersons who have requested notice of rule making. When an agency publishes inthe North Carolina Register a notice of text of a proposed rule, it must mail acopy of the notice or text to each person on the mailing list who has requestednotice on the subject matter described in the notice or the rule affected. Anagency may charge an annual fee to each person on the agency's mailing list tocover copying and mailing costs.
(e) Hearing. An agency must hold a public hearing on a rule itproposes to adopt if the agency publishes the text of the proposed rule in theNorth Carolina Register and the agency receives a written request for a publichearing on the proposed rule within 15 days after the notice of text ispublished.
An agency may hold a public hearing on a proposed rule in othercircumstances. When an agency is required to hold a public hearing on aproposed rule or decides to hold a public hearing on a proposed rule when it isnot required to do so, the agency must publish in the North Carolina Register anotice of the date, time, and place of the public hearing. The hearing date ofa public hearing held after the agency publishes notice of the hearing in theNorth Carolina Register must be at least 15 days after the date the notice ispublished. If notice of a public hearing has been published in the NorthCarolina Register and that public hearing has been cancelled, the agency shallpublish notice in the North Carolina Register at least 15 days prior to thedate of any rescheduled hearing.
(f) Comments. An agency must accept comments on the text of aproposed rule that is published in the North Carolina Register for at least 60days after the text is published or until the date of any public hearing heldon the proposed rule, whichever is longer. An agency must consider fully allwritten and oral comments received.
(g) Adoption. An agency shall not adopt a rule until the timefor commenting on the proposed text of the rule has elapsed and shall not adopta rule if more than 12 months have elapsed since the end of the time forcommenting on the proposed text of the rule. An agency shall not adopt a rulethat differs substantially from the text of a proposed rule published in theNorth Carolina Register unless the agency publishes the text of the proposeddifferent rule in the North Carolina Register and accepts comments on theproposed different rule for the time set in subsection (f) of this section.
An adopted rule differs substantially from a proposed rule if it doesone or more of the following:
(1) Affects the interests of persons who, based on the proposedtext of the rule published in the North Carolina Register, could not reasonablyhave determined that the rule would affect their interests.
(2) Addresses a subject matter or an issue that is not addressedin the proposed text of the rule.
(3) Produces an effect that could not reasonably have beenexpected based on the proposed text of the rule.
When an agency adopts a rule, it shall not takesubsequent action on the rule without following the procedures in this Part. Anagency must submit an adopted rule to the Rules Review Commission within 30days of the agency's adoption of the rule.
(h) Explanation. An agency must issue a concise writtenstatement explaining why the agency adopted a rule if, within 15 days after theagency adopts the rule, a person asks the agency to do so. The explanation muststate the principal reasons for and against adopting the rule and must discusswhy the agency rejected any arguments made or considerations urged against theadoption of the rule. The agency must issue the explanation within 15 daysafter receipt of the request for an explanation.
(i) Record. An agency must keep a record of a rule‑makingproceeding. The record must include all written comments received, a transcriptor recording of any public hearing held on the rule, and any writtenexplanation made by the agency for adopting the rule. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 63; 1977, c. 915, s.2; 1983, c. 927, ss. 3, 7; 1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c.1022, s. 1(1), (7); 1987, c. 285, ss. 7‑9; 1989, c. 5, s. 1; 1991, c.418, s. 1; 1995, c. 507, s. 27.8(d); 1996, 2nd Ex. Sess., c. 18, s. 7.10(e);2003‑229, s. 4.)
§ 150B‑21.2. Procedure for adopting a permanentrule.
(a) Steps. Before an agency adopts a permanent rule, it musttake the following actions:
(1) Publish a notice of text in the North Carolina Register.
(2) When required by G.S. 150B‑21.4, prepare or obtain afiscal note for the proposed rule.
(3) Repealed by Session Laws 2003‑229, s. 4, effectiveJuly 1, 2003.
(4) When required by subsection (e) of this section, hold apublic hearing on the proposed rule after publication of the proposed text ofthe rule.
(5) Accept oral or written comments on the proposed rule asrequired by subsection (f) of this section.
(b) Repealed by Session Laws 2003‑229, s. 4, effectiveJuly 1, 2003.
(c) Notice of Text. A notice of the proposed text of a rulemust include all of the following:
(1) The text of the proposed rule.
(2) A short explanation of the reason for the proposed rule.
(3) A citation to the law that gives the agency the authority toadopt the rule.
(4) The proposed effective date of the rule.
(5) The date, time, and place of any public hearing scheduled onthe rule.
(6) Instructions on how a person may demand a public hearing ona proposed rule if the notice does not schedule a public hearing on theproposed rule and subsection (e) of this section requires the agency to hold apublic hearing on the proposed rule when requested to do so.
(7) The period of time during which and the person to whomwritten comments may be submitted on the proposed rule.
(8) If a fiscal note has been prepared for the rule, a statementthat a copy of the fiscal note can be obtained from the agency.
(9) The procedure by which a person can object to a proposedrule and the requirements for subjecting a proposed rule to the legislativereview process.
(d) Mailing List. An agency must maintain a mailing list ofpersons who have requested notice of rule making. When an agency publishes inthe North Carolina Register a notice of text of a proposed rule, it must mail acopy of the notice or text to each person on the mailing list who has requestednotice on the subject matter described in the notice or the rule affected. Anagency may charge an annual fee to each person on the agency's mailing list tocover copying and mailing costs.
(e) Hearing. An agency must hold a public hearing on a rule itproposes to adopt if the agency publishes the text of the proposed rule in theNorth Carolina Register and the agency receives a written request for a publichearing on the proposed rule within 15 days after the notice of text ispublished.
An agency may hold a public hearing on a proposed rule in othercircumstances. When an agency is required to hold a public hearing on aproposed rule or decides to hold a public hearing on a proposed rule when it isnot required to do so, the agency must publish in the North Carolina Register anotice of the date, time, and place of the public hearing. The hearing date ofa public hearing held after the agency publishes notice of the hearing in theNorth Carolina Register must be at least 15 days after the date the notice ispublished. If notice of a public hearing has been published in the NorthCarolina Register and that public hearing has been cancelled, the agency shallpublish notice in the North Carolina Register at least 15 days prior to thedate of any rescheduled hearing.
(f) Comments. An agency must accept comments on the text of aproposed rule that is published in the North Carolina Register for at least 60days after the text is published or until the date of any public hearing heldon the proposed rule, whichever is longer. An agency must consider fully allwritten and oral comments received.
(g) Adoption. An agency shall not adopt a rule until the timefor commenting on the proposed text of the rule has elapsed and shall not adopta rule if more than 12 months have elapsed since the end of the time forcommenting on the proposed text of the rule. An agency shall not adopt a rulethat differs substantially from the text of a proposed rule published in theNorth Carolina Register unless the agency publishes the text of the proposeddifferent rule in the North Carolina Register and accepts comments on theproposed different rule for the time set in subsection (f) of this section.
An adopted rule differs substantially from a proposed rule if it doesone or more of the following:
(1) Affects the interests of persons who, based on the proposedtext of the rule published in the North Carolina Register, could not reasonablyhave determined that the rule would affect their interests.
(2) Addresses a subject matter or an issue that is not addressedin the proposed text of the rule.
(3) Produces an effect that could not reasonably have beenexpected based on the proposed text of the rule.
When an agency adopts a rule, it shall not takesubsequent action on the rule without following the procedures in this Part. Anagency must submit an adopted rule to the Rules Review Commission within 30days of the agency's adoption of the rule.
(h) Explanation. An agency must issue a concise writtenstatement explaining why the agency adopted a rule if, within 15 days after theagency adopts the rule, a person asks the agency to do so. The explanation muststate the principal reasons for and against adopting the rule and must discusswhy the agency rejected any arguments made or considerations urged against theadoption of the rule. The agency must issue the explanation within 15 daysafter receipt of the request for an explanation.
(i) Record. An agency must keep a record of a rule‑makingproceeding. The record must include all written comments received, a transcriptor recording of any public hearing held on the rule, and any writtenexplanation made by the agency for adopting the rule. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 63; 1977, c. 915, s.2; 1983, c. 927, ss. 3, 7; 1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c.1022, s. 1(1), (7); 1987, c. 285, ss. 7‑9; 1989, c. 5, s. 1; 1991, c.418, s. 1; 1995, c. 507, s. 27.8(d); 1996, 2nd Ex. Sess., c. 18, s. 7.10(e);2003‑229, s. 4.)
