§ 150B‑21.5. Circumstances when notice and rule‑makinghearing not required.
(a) Amendment. An agency is not required to publish a noticeof text in the North Carolina Register or hold a public hearing when itproposes to amend a rule to do one of the following:
(1) Reletter or renumber the rule or subparts of the rule.
(2) Substitute one name for another when an organization orposition is renamed.
(3) Correct a citation in the rule to another rule or law whenthe citation has become inaccurate since the rule was adopted because of therepeal or renumbering of the cited rule or law.
(4) Change information that is readily available to the public,such as an address or a telephone number.
(5) Correct a typographical error in the North CarolinaAdministrative Code.
(6) Change a rule in response to a request or an objection bythe Commission, unless the Commission determines that the change issubstantial.
(b) Repeal. An agency is not required to publish a notice oftext in the North Carolina Register or hold a public hearing when it proposesto repeal a rule as a result of any of the following:
(1) The law under which the rule was adopted is repealed.
(2) The law under which the rule was adopted or the rule itselfis declared unconstitutional.
(3) The rule is declared to be in excess of the agency'sstatutory authority.
(c) OSHA Standard. The Occupational Safety and Health Divisionof the Department of Labor is not required to publish a notice of text in theNorth Carolina Register or hold a public hearing when it proposes to adopt arule that concerns an occupational safety and health standard and is identicalto a federal regulation promulgated by the Secretary of the United StatesDepartment of Labor. The Occupational Safety and Health Division is not requiredto submit to the Commission for review a rule for which notice and hearing isnot required under this subsection.
(d) State Building Code. The Building Code Council is notrequired to publish a notice of text in the North Carolina Register when itproposes to adopt a rule that concerns the North Carolina State Building Code.The Building Code Council is required to publish a notice in the North CarolinaRegister when it proposes to adopt a rule that concerns the North CarolinaState Building Code. The notice must include all of the following:
(1) A statement of the subject matter of the proposed rulemaking.
(2) A short explanation of the reason for the proposed action.
(3) A citation to the law that gives the agency the authority toadopt a rule on the subject matter of the proposed rule making.
(4) The person to whom questions or written comments may besubmitted on the subject matter of the proposed rule making.
The Building Code Council is required to submit to the Commission forreview a rule for which notice of text is not required under this subsection.In adopting a rule, the Council shall comply with the procedural requirementsof G.S. 150B‑21.3. (1991, c. 418, s. 1; 1995,c. 504, s. 12; 1997‑34, s. 4; 2001‑141, s. 5; 2001‑421, s.1.3; 2003‑229, s. 7.)
§ 150B‑21.5. Circumstances when notice and rule‑makinghearing not required.
(a) Amendment. An agency is not required to publish a noticeof text in the North Carolina Register or hold a public hearing when itproposes to amend a rule to do one of the following:
(1) Reletter or renumber the rule or subparts of the rule.
(2) Substitute one name for another when an organization orposition is renamed.
(3) Correct a citation in the rule to another rule or law whenthe citation has become inaccurate since the rule was adopted because of therepeal or renumbering of the cited rule or law.
(4) Change information that is readily available to the public,such as an address or a telephone number.
(5) Correct a typographical error in the North CarolinaAdministrative Code.
(6) Change a rule in response to a request or an objection bythe Commission, unless the Commission determines that the change issubstantial.
(b) Repeal. An agency is not required to publish a notice oftext in the North Carolina Register or hold a public hearing when it proposesto repeal a rule as a result of any of the following:
(1) The law under which the rule was adopted is repealed.
(2) The law under which the rule was adopted or the rule itselfis declared unconstitutional.
(3) The rule is declared to be in excess of the agency'sstatutory authority.
(c) OSHA Standard. The Occupational Safety and Health Divisionof the Department of Labor is not required to publish a notice of text in theNorth Carolina Register or hold a public hearing when it proposes to adopt arule that concerns an occupational safety and health standard and is identicalto a federal regulation promulgated by the Secretary of the United StatesDepartment of Labor. The Occupational Safety and Health Division is not requiredto submit to the Commission for review a rule for which notice and hearing isnot required under this subsection.
(d) State Building Code. The Building Code Council is notrequired to publish a notice of text in the North Carolina Register when itproposes to adopt a rule that concerns the North Carolina State Building Code.The Building Code Council is required to publish a notice in the North CarolinaRegister when it proposes to adopt a rule that concerns the North CarolinaState Building Code. The notice must include all of the following:
(1) A statement of the subject matter of the proposed rulemaking.
(2) A short explanation of the reason for the proposed action.
(3) A citation to the law that gives the agency the authority toadopt a rule on the subject matter of the proposed rule making.
(4) The person to whom questions or written comments may besubmitted on the subject matter of the proposed rule making.
The Building Code Council is required to submit to the Commission forreview a rule for which notice of text is not required under this subsection.In adopting a rule, the Council shall comply with the procedural requirementsof G.S. 150B‑21.3. (1991, c. 418, s. 1; 1995,c. 504, s. 12; 1997‑34, s. 4; 2001‑141, s. 5; 2001‑421, s.1.3; 2003‑229, s. 7.)
§ 150B‑21.5. Circumstances when notice and rule‑makinghearing not required.
(a) Amendment. An agency is not required to publish a noticeof text in the North Carolina Register or hold a public hearing when itproposes to amend a rule to do one of the following:
(1) Reletter or renumber the rule or subparts of the rule.
(2) Substitute one name for another when an organization orposition is renamed.
(3) Correct a citation in the rule to another rule or law whenthe citation has become inaccurate since the rule was adopted because of therepeal or renumbering of the cited rule or law.
(4) Change information that is readily available to the public,such as an address or a telephone number.
(5) Correct a typographical error in the North CarolinaAdministrative Code.
(6) Change a rule in response to a request or an objection bythe Commission, unless the Commission determines that the change issubstantial.
(b) Repeal. An agency is not required to publish a notice oftext in the North Carolina Register or hold a public hearing when it proposesto repeal a rule as a result of any of the following:
(1) The law under which the rule was adopted is repealed.
(2) The law under which the rule was adopted or the rule itselfis declared unconstitutional.
(3) The rule is declared to be in excess of the agency'sstatutory authority.
(c) OSHA Standard. The Occupational Safety and Health Divisionof the Department of Labor is not required to publish a notice of text in theNorth Carolina Register or hold a public hearing when it proposes to adopt arule that concerns an occupational safety and health standard and is identicalto a federal regulation promulgated by the Secretary of the United StatesDepartment of Labor. The Occupational Safety and Health Division is not requiredto submit to the Commission for review a rule for which notice and hearing isnot required under this subsection.
(d) State Building Code. The Building Code Council is notrequired to publish a notice of text in the North Carolina Register when itproposes to adopt a rule that concerns the North Carolina State Building Code.The Building Code Council is required to publish a notice in the North CarolinaRegister when it proposes to adopt a rule that concerns the North CarolinaState Building Code. The notice must include all of the following:
(1) A statement of the subject matter of the proposed rulemaking.
(2) A short explanation of the reason for the proposed action.
(3) A citation to the law that gives the agency the authority toadopt a rule on the subject matter of the proposed rule making.
(4) The person to whom questions or written comments may besubmitted on the subject matter of the proposed rule making.
The Building Code Council is required to submit to the Commission forreview a rule for which notice of text is not required under this subsection.In adopting a rule, the Council shall comply with the procedural requirementsof G.S. 150B‑21.3. (1991, c. 418, s. 1; 1995,c. 504, s. 12; 1997‑34, s. 4; 2001‑141, s. 5; 2001‑421, s.1.3; 2003‑229, s. 7.)
