§ 150B‑19. Restrictions on what can be adopted as a rule.
An agency may not adopt a rule that does one or more of the following:
(1) Implements or interprets a law unless that law or anotherlaw specifically authorizes the agency to do so.
(2) Enlarges the scope of a profession, occupation, or field ofendeavor for which an occupational license is required.
(3) Imposes criminal liability or a civil penalty for an act oromission, including the violation of a rule, unless a law specificallyauthorizes the agency to do so or a law declares that violation of the rule isa criminal offense or is grounds for a civil penalty.
(4) Repeats the content of a law, a rule, or a federalregulation. A brief statement that informs the public of a requirement imposedby law does not violate this subdivision and satisfies the "reasonablynecessary" standard of review set in G.S. 150B‑21.9(a)(3).
(5) Establishes a fee or other charge for providing a service infulfillment of a duty unless a law specifically authorizes the agency to do soor the fee or other charge is for one of the following:
a. A service to a State, federal, or local governmental unit.
b. A copy of part or all of a State publication or otherdocument, the cost of mailing a document, or both.
c. A transcript of a public hearing.
d. A conference, workshop, or course.
e. Data processing services.
(6) Allows the agency to waive or modify a requirement set in arule unless a rule establishes specific guidelines the agency must follow indetermining whether to waive or modify the requirement. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c.418, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 7.10(a).)
§ 150B‑19. Restrictions on what can be adopted as a rule.
An agency may not adopt a rule that does one or more of the following:
(1) Implements or interprets a law unless that law or anotherlaw specifically authorizes the agency to do so.
(2) Enlarges the scope of a profession, occupation, or field ofendeavor for which an occupational license is required.
(3) Imposes criminal liability or a civil penalty for an act oromission, including the violation of a rule, unless a law specificallyauthorizes the agency to do so or a law declares that violation of the rule isa criminal offense or is grounds for a civil penalty.
(4) Repeats the content of a law, a rule, or a federalregulation. A brief statement that informs the public of a requirement imposedby law does not violate this subdivision and satisfies the "reasonablynecessary" standard of review set in G.S. 150B‑21.9(a)(3).
(5) Establishes a fee or other charge for providing a service infulfillment of a duty unless a law specifically authorizes the agency to do soor the fee or other charge is for one of the following:
a. A service to a State, federal, or local governmental unit.
b. A copy of part or all of a State publication or otherdocument, the cost of mailing a document, or both.
c. A transcript of a public hearing.
d. A conference, workshop, or course.
e. Data processing services.
(6) Allows the agency to waive or modify a requirement set in arule unless a rule establishes specific guidelines the agency must follow indetermining whether to waive or modify the requirement. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c.418, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 7.10(a).)
§ 150B‑19. Restrictions on what can be adopted as a rule.
An agency may not adopt a rule that does one or more of the following:
(1) Implements or interprets a law unless that law or anotherlaw specifically authorizes the agency to do so.
(2) Enlarges the scope of a profession, occupation, or field ofendeavor for which an occupational license is required.
(3) Imposes criminal liability or a civil penalty for an act oromission, including the violation of a rule, unless a law specificallyauthorizes the agency to do so or a law declares that violation of the rule isa criminal offense or is grounds for a civil penalty.
(4) Repeats the content of a law, a rule, or a federalregulation. A brief statement that informs the public of a requirement imposedby law does not violate this subdivision and satisfies the "reasonablynecessary" standard of review set in G.S. 150B‑21.9(a)(3).
(5) Establishes a fee or other charge for providing a service infulfillment of a duty unless a law specifically authorizes the agency to do soor the fee or other charge is for one of the following:
a. A service to a State, federal, or local governmental unit.
b. A copy of part or all of a State publication or otherdocument, the cost of mailing a document, or both.
c. A transcript of a public hearing.
d. A conference, workshop, or course.
e. Data processing services.
(6) Allows the agency to waive or modify a requirement set in arule unless a rule establishes specific guidelines the agency must follow indetermining whether to waive or modify the requirement. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c.418, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 7.10(a).)
