(a) Temporary andEmergency Rules. A temporary rule or an emergency rule becomes effective onthe date the Codifier of Rules enters the rule in the North CarolinaAdministrative Code.
(b) Permanent Rule. Apermanent rule approved by the Commission becomes effective on the first day ofthe month following the month the rule is approved by the Commission, unlessthe Commission received written objections to the rule in accordance withsubsection (b2) of this section, or unless the agency that adopted the rulespecifies a later effective date.
(b1) Delayed EffectiveDates. If the Commission received written objections to the rule inaccordance with subsection (b2) of this section, the rule becomes effective onthe earlier of the thirty‑first legislative day or the day of adjournmentof the next regular session of the General Assembly that begins at least 25days after the date the Commission approved the rule, unless a differenteffective date applies under this section. If a bill that specificallydisapproves the rule is introduced in either house of the General Assemblybefore the thirty‑first legislative day of that session, the rule becomeseffective on the earlier of either the day an unfavorable final action is takenon the bill or the day that session of the General Assembly adjourns withoutratifying a bill that specifically disapproves the rule. If the agency adoptingthe rule specifies a later effective date than the date that would otherwiseapply under this subsection, the later date applies. A permanent rule that isnot approved by the Commission or that is specifically disapproved by a billenacted into law before it becomes effective does not become effective.
A bill specificallydisapproves a rule if it contains a provision that refers to the rule byappropriate North Carolina Administrative Code citation and states that therule is disapproved. Notwithstanding any rule of either house of the GeneralAssembly, any member of the General Assembly may introduce a bill during thefirst 30 legislative days of any regular session to disapprove a rule that hasbeen approved by the Commission and that either has not become effective or hasbecome effective by executive order under subsection (c) of this section.
(b2) Objection. Anyperson who objects to the adoption of a permanent rule may submit writtencomments to the agency. If the objection is not resolved prior to adoption ofthe rule, a person may submit written objections to the Commission. If theCommission receives written objections from 10 or more persons, no later than5:00 P.M. of the day following the day the Commission approves the rule,clearly requesting review by the legislature in accordance with instructionscontained in the notice pursuant to G.S. 150B‑21.2(c)(9), and theCommission approves the rule, the rule will become effective as provided insubsection (b1) of this section. The Commission shall notify the agency thatthe rule is subject to legislative disapproval on the day following the day itreceives 10 or more written objections. When the requirements of thissubsection have been met and a rule is subject to legislative disapproval, theagency may adopt the rule as a temporary rule if the rule would have met thecriteria listed in G.S. 150B‑21.1(a) at the time the notice of text forthe permanent rule was published in the North Carolina Register. If theCommission receives objections from 10 or more persons clearly requestingreview by the legislature, and the rule objected to is one of a group ofrelated rules adopted by the agency at the same time, the agency that adoptedthe rule may cause any of the other rules in the group to become effective asprovided in subsection (b1) of this section by submitting a written statementto that effect to the Commission before the other rules become effective.
(c) Executive OrderException. The Governor may, by executive order, make effective a permanentrule that has been approved by the Commission but the effective date of whichhas been delayed in accordance with subsection (b1) of this section uponfinding that it is necessary that the rule become effective in order to protectpublic health, safety, or welfare. A rule made effective by executive orderbecomes effective on the date the order is issued or at a later date specifiedin the order. When the Codifier of Rules enters in the North CarolinaAdministrative Code a rule made effective by executive order, the entry mustreflect this action.
A rule that is made effectiveby executive order remains in effect unless it is specifically disapproved bythe General Assembly in a bill enacted into law on or before the day ofadjournment of the regular session of the General Assembly that begins at least25 days after the date the executive order is issued. A rule that is madeeffective by executive order and that is specifically disapproved by a billenacted into law is repealed as of the date specified in the bill. If a rulethat is made effective by executive order is not specifically disapproved by a billenacted into law within the time set by this subsection, the Codifier of Rulesmust note this in the North Carolina Administrative Code.
(c1) Fees. Notwithstanding any other provision of this section, a rule that establishes anew fee or increases an existing fee shall not become effective until theagency has complied with the requirements of G.S. 12‑3.1.
(d) Legislative Day andDay of Adjournment. As used in this section:
(1) A "legislativeday" is a day on which either house of the General Assembly convenes inregular session.
(2) The "day ofadjournment" of a regular session held in an odd‑numbered year isthe day the General Assembly adjourns by joint resolution for more than 10days.
(3) The "day ofadjournment" of a regular session held in an even‑numbered year isthe day the General Assembly adjourns sine die.
(e) OSHA Standard. Apermanent rule concerning an occupational safety and health standard that isadopted by the Occupational Safety and Health Division of the Department ofLabor and is identical to a federal regulation promulgated by the Secretary ofthe United States Department of Labor becomes effective on the date theDivision delivers the rule to the Codifier of Rules, unless the Divisionspecifies a later effective date. If the Division specifies a later effectivedate, the rule becomes effective on that date.
(f) Technical Change. A permanent rule for which no notice or hearing is required under G.S. 150B‑21.5(a)(1)through (a)(5) or G.S. 150B‑21.5(b) becomes effective on the first day ofthe month following the month the rule is approved by the Rules ReviewCommission. (1991,c. 418, s. 1; 1995, c. 507, s. 27.8(e); 1995 (Reg. Sess., 1996), c. 742, s. 43;1996, 2nd Ex. Sess., c. 18, s. 7.10(f); 1997‑34, s. 3; 2001‑487, s.80(b); 2002‑97, s. 5; 2003‑229, s. 5; 2004‑156, ss. 2, 3.)
(a) Temporary andEmergency Rules. A temporary rule or an emergency rule becomes effective onthe date the Codifier of Rules enters the rule in the North CarolinaAdministrative Code.
(b) Permanent Rule. Apermanent rule approved by the Commission becomes effective on the first day ofthe month following the month the rule is approved by the Commission, unlessthe Commission received written objections to the rule in accordance withsubsection (b2) of this section, or unless the agency that adopted the rulespecifies a later effective date.
(b1) Delayed EffectiveDates. If the Commission received written objections to the rule inaccordance with subsection (b2) of this section, the rule becomes effective onthe earlier of the thirty‑first legislative day or the day of adjournmentof the next regular session of the General Assembly that begins at least 25days after the date the Commission approved the rule, unless a differenteffective date applies under this section. If a bill that specificallydisapproves the rule is introduced in either house of the General Assemblybefore the thirty‑first legislative day of that session, the rule becomeseffective on the earlier of either the day an unfavorable final action is takenon the bill or the day that session of the General Assembly adjourns withoutratifying a bill that specifically disapproves the rule. If the agency adoptingthe rule specifies a later effective date than the date that would otherwiseapply under this subsection, the later date applies. A permanent rule that isnot approved by the Commission or that is specifically disapproved by a billenacted into law before it becomes effective does not become effective.
A bill specificallydisapproves a rule if it contains a provision that refers to the rule byappropriate North Carolina Administrative Code citation and states that therule is disapproved. Notwithstanding any rule of either house of the GeneralAssembly, any member of the General Assembly may introduce a bill during thefirst 30 legislative days of any regular session to disapprove a rule that hasbeen approved by the Commission and that either has not become effective or hasbecome effective by executive order under subsection (c) of this section.
(b2) Objection. Anyperson who objects to the adoption of a permanent rule may submit writtencomments to the agency. If the objection is not resolved prior to adoption ofthe rule, a person may submit written objections to the Commission. If theCommission receives written objections from 10 or more persons, no later than5:00 P.M. of the day following the day the Commission approves the rule,clearly requesting review by the legislature in accordance with instructionscontained in the notice pursuant to G.S. 150B‑21.2(c)(9), and theCommission approves the rule, the rule will become effective as provided insubsection (b1) of this section. The Commission shall notify the agency thatthe rule is subject to legislative disapproval on the day following the day itreceives 10 or more written objections. When the requirements of thissubsection have been met and a rule is subject to legislative disapproval, theagency may adopt the rule as a temporary rule if the rule would have met thecriteria listed in G.S. 150B‑21.1(a) at the time the notice of text forthe permanent rule was published in the North Carolina Register. If theCommission receives objections from 10 or more persons clearly requestingreview by the legislature, and the rule objected to is one of a group ofrelated rules adopted by the agency at the same time, the agency that adoptedthe rule may cause any of the other rules in the group to become effective asprovided in subsection (b1) of this section by submitting a written statementto that effect to the Commission before the other rules become effective.
(c) Executive OrderException. The Governor may, by executive order, make effective a permanentrule that has been approved by the Commission but the effective date of whichhas been delayed in accordance with subsection (b1) of this section uponfinding that it is necessary that the rule become effective in order to protectpublic health, safety, or welfare. A rule made effective by executive orderbecomes effective on the date the order is issued or at a later date specifiedin the order. When the Codifier of Rules enters in the North CarolinaAdministrative Code a rule made effective by executive order, the entry mustreflect this action.
A rule that is made effectiveby executive order remains in effect unless it is specifically disapproved bythe General Assembly in a bill enacted into law on or before the day ofadjournment of the regular session of the General Assembly that begins at least25 days after the date the executive order is issued. A rule that is madeeffective by executive order and that is specifically disapproved by a billenacted into law is repealed as of the date specified in the bill. If a rulethat is made effective by executive order is not specifically disapproved by a billenacted into law within the time set by this subsection, the Codifier of Rulesmust note this in the North Carolina Administrative Code.
(c1) Fees. Notwithstanding any other provision of this section, a rule that establishes anew fee or increases an existing fee shall not become effective until theagency has complied with the requirements of G.S. 12‑3.1.
(d) Legislative Day andDay of Adjournment. As used in this section:
(1) A "legislativeday" is a day on which either house of the General Assembly convenes inregular session.
(2) The "day ofadjournment" of a regular session held in an odd‑numbered year isthe day the General Assembly adjourns by joint resolution for more than 10days.
(3) The "day ofadjournment" of a regular session held in an even‑numbered year isthe day the General Assembly adjourns sine die.
(e) OSHA Standard. Apermanent rule concerning an occupational safety and health standard that isadopted by the Occupational Safety and Health Division of the Department ofLabor and is identical to a federal regulation promulgated by the Secretary ofthe United States Department of Labor becomes effective on the date theDivision delivers the rule to the Codifier of Rules, unless the Divisionspecifies a later effective date. If the Division specifies a later effectivedate, the rule becomes effective on that date.
(f) Technical Change. A permanent rule for which no notice or hearing is required under G.S. 150B‑21.5(a)(1)through (a)(5) or G.S. 150B‑21.5(b) becomes effective on the first day ofthe month following the month the rule is approved by the Rules ReviewCommission. (1991,c. 418, s. 1; 1995, c. 507, s. 27.8(e); 1995 (Reg. Sess., 1996), c. 742, s. 43;1996, 2nd Ex. Sess., c. 18, s. 7.10(f); 1997‑34, s. 3; 2001‑487, s.80(b); 2002‑97, s. 5; 2003‑229, s. 5; 2004‑156, ss. 2, 3.)
(a) Temporary andEmergency Rules. A temporary rule or an emergency rule becomes effective onthe date the Codifier of Rules enters the rule in the North CarolinaAdministrative Code.
(b) Permanent Rule. Apermanent rule approved by the Commission becomes effective on the first day ofthe month following the month the rule is approved by the Commission, unlessthe Commission received written objections to the rule in accordance withsubsection (b2) of this section, or unless the agency that adopted the rulespecifies a later effective date.
(b1) Delayed EffectiveDates. If the Commission received written objections to the rule inaccordance with subsection (b2) of this section, the rule becomes effective onthe earlier of the thirty‑first legislative day or the day of adjournmentof the next regular session of the General Assembly that begins at least 25days after the date the Commission approved the rule, unless a differenteffective date applies under this section. If a bill that specificallydisapproves the rule is introduced in either house of the General Assemblybefore the thirty‑first legislative day of that session, the rule becomeseffective on the earlier of either the day an unfavorable final action is takenon the bill or the day that session of the General Assembly adjourns withoutratifying a bill that specifically disapproves the rule. If the agency adoptingthe rule specifies a later effective date than the date that would otherwiseapply under this subsection, the later date applies. A permanent rule that isnot approved by the Commission or that is specifically disapproved by a billenacted into law before it becomes effective does not become effective.
A bill specificallydisapproves a rule if it contains a provision that refers to the rule byappropriate North Carolina Administrative Code citation and states that therule is disapproved. Notwithstanding any rule of either house of the GeneralAssembly, any member of the General Assembly may introduce a bill during thefirst 30 legislative days of any regular session to disapprove a rule that hasbeen approved by the Commission and that either has not become effective or hasbecome effective by executive order under subsection (c) of this section.
(b2) Objection. Anyperson who objects to the adoption of a permanent rule may submit writtencomments to the agency. If the objection is not resolved prior to adoption ofthe rule, a person may submit written objections to the Commission. If theCommission receives written objections from 10 or more persons, no later than5:00 P.M. of the day following the day the Commission approves the rule,clearly requesting review by the legislature in accordance with instructionscontained in the notice pursuant to G.S. 150B‑21.2(c)(9), and theCommission approves the rule, the rule will become effective as provided insubsection (b1) of this section. The Commission shall notify the agency thatthe rule is subject to legislative disapproval on the day following the day itreceives 10 or more written objections. When the requirements of thissubsection have been met and a rule is subject to legislative disapproval, theagency may adopt the rule as a temporary rule if the rule would have met thecriteria listed in G.S. 150B‑21.1(a) at the time the notice of text forthe permanent rule was published in the North Carolina Register. If theCommission receives objections from 10 or more persons clearly requestingreview by the legislature, and the rule objected to is one of a group ofrelated rules adopted by the agency at the same time, the agency that adoptedthe rule may cause any of the other rules in the group to become effective asprovided in subsection (b1) of this section by submitting a written statementto that effect to the Commission before the other rules become effective.
(c) Executive OrderException. The Governor may, by executive order, make effective a permanentrule that has been approved by the Commission but the effective date of whichhas been delayed in accordance with subsection (b1) of this section uponfinding that it is necessary that the rule become effective in order to protectpublic health, safety, or welfare. A rule made effective by executive orderbecomes effective on the date the order is issued or at a later date specifiedin the order. When the Codifier of Rules enters in the North CarolinaAdministrative Code a rule made effective by executive order, the entry mustreflect this action.
A rule that is made effectiveby executive order remains in effect unless it is specifically disapproved bythe General Assembly in a bill enacted into law on or before the day ofadjournment of the regular session of the General Assembly that begins at least25 days after the date the executive order is issued. A rule that is madeeffective by executive order and that is specifically disapproved by a billenacted into law is repealed as of the date specified in the bill. If a rulethat is made effective by executive order is not specifically disapproved by a billenacted into law within the time set by this subsection, the Codifier of Rulesmust note this in the North Carolina Administrative Code.
(c1) Fees. Notwithstanding any other provision of this section, a rule that establishes anew fee or increases an existing fee shall not become effective until theagency has complied with the requirements of G.S. 12‑3.1.
(d) Legislative Day andDay of Adjournment. As used in this section:
(1) A "legislativeday" is a day on which either house of the General Assembly convenes inregular session.
(2) The "day ofadjournment" of a regular session held in an odd‑numbered year isthe day the General Assembly adjourns by joint resolution for more than 10days.
(3) The "day ofadjournment" of a regular session held in an even‑numbered year isthe day the General Assembly adjourns sine die.
(e) OSHA Standard. Apermanent rule concerning an occupational safety and health standard that isadopted by the Occupational Safety and Health Division of the Department ofLabor and is identical to a federal regulation promulgated by the Secretary ofthe United States Department of Labor becomes effective on the date theDivision delivers the rule to the Codifier of Rules, unless the Divisionspecifies a later effective date. If the Division specifies a later effectivedate, the rule becomes effective on that date.
(f) Technical Change. A permanent rule for which no notice or hearing is required under G.S. 150B‑21.5(a)(1)through (a)(5) or G.S. 150B‑21.5(b) becomes effective on the first day ofthe month following the month the rule is approved by the Rules ReviewCommission. (1991,c. 418, s. 1; 1995, c. 507, s. 27.8(e); 1995 (Reg. Sess., 1996), c. 742, s. 43;1996, 2nd Ex. Sess., c. 18, s. 7.10(f); 1997‑34, s. 3; 2001‑487, s.80(b); 2002‑97, s. 5; 2003‑229, s. 5; 2004‑156, ss. 2, 3.)
