State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-17

§ 115C‑17. Rulemaking to implement ABC's Plan.

(a)        G.S. 150B‑21.2(a)(1) shall not apply to proposed rulesadopted by the State Board of Education if the proposed rules are directlyrelated to the implementation of this act [1995 (Reg. Sess., 1996), c. 716, s.18].

(b)        Notwithstanding G.S. 150B‑21.3(b), a permanent rulethat is adopted by the State Board of Education, is approved by the RulesReview Commission, and is directly related to the implementation of this act,shall become effective five business days after the Commission delivers therule to the Codifier of Rules, unless the rule specifies a later effectivedate. If the State Board of Education specifies a later effective date, therule becomes effective upon that date.  A permanent rule that is adopted by theState Board of Education that is directly related to the implementation of thisact, but is not approved by the Rules Review Commission, shall not becomeeffective.

(c)        G.S. 150B‑21.4(b1) shall not apply to permanent rulesthe State Board of Education proposes to adopt if those rules are directlyrelated to the implementation of this act [1995 (Reg. Sess., 1996), c. 716, s.28].

(d)        The State Board of Education shall determine whether aproposed rule is directly related to this act based upon a finding that thereis a rational relationship between the proposed rule and specific provisions ofthis act. A proposed rule may create, amend, or repeal a rule.  The State Boardshall indicate in the notice of proposed text that the rule is directly relatedto the implementation of this act and that the Board is proceeding under theauthority granted by this act.

(e)        The State Board of Education shall provide written notice toall boards of county commissioners and all local boards of education of proposedrules that are directly related to the implementation of this act and thatwould affect the expenditures or revenues of a unit of local government underG.S. 150B‑21.4(b). The notice shall state that a copy of the fiscal notemay be obtained from the State Board. (1995 (Reg. Sess., 1996), c. 716, s. 28.)