CHAPTER 2 ‑ RULE‑MAKING PROCEDURES

06 NCAC 02 .0101             PRELIMINARY STEPS FOR RULE‑MAKING

In those instances where the Council of State must approve a rule adopted by an executive department or when it adopts a rule itself, proposed text for the rule must be submitted to the Council for review beforehand.  The proposed text shall be submitted by the executive department responsible for administering the statute to which the proposed rule relates.  The executive department must follow Chapter 150B of the General Statutes on rule‑making before submitting its recommendation to the Council.  The hearing procedures applicable to that executive department apply.  The Council may initiate rule‑making in those matters which require its approval.

History Note:        Authority G.S. 126‑12; 143‑260.8(g); 143‑341(4),(8)(k); 143‑345.1; 146‑1;

Eff. February 3, 1976;

Amended Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015.

06 NCAC 02 .0102             PETITIONS FOR RULE‑MAKING HEARINGS

Whenever any person submits a petition for rule‑making relating to matters for which the Council of State must approve or promulgate rules, the chief executive official of the responsible department shall determine if the public interest will be served by granting the request.  If the request is denied, the petitioning party may appeal that decision to the Council of State by filing a request for review of the denial decision with the secretary to the Council within 15 days after receipt of the notice of denial.  If the Council determines that a hearing would serve the public interest, it may direct the chief executive official of the responsible executive department to designate a hearing officer and conduct a rule‑making hearing or the Council itself may conduct a rule‑making hearing.

History Note:        Authority G.S. 126‑12; 143‑260.8(g); 143‑341(4),(8)(k); 143‑345.1; 146‑1;

Eff. February 3, 1976;

Amended Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015.

06 NCAC 02 .0103             ADOPTION OR APPROVAL OF RULES

Upon completion of the departmental rule‑making process, the department will forward proposed rules which must be approved or adopted by the Council, along with a record or minutes of the rule‑making hearing and any other written submissions desired, to the Council's secretary for inclusion on the agenda of the Council's next meeting.  The Council may request such other information as it deems necessary and appropriate from the department.

History Note:        Authority G.S. 126‑12; 143‑260.8(g); 143‑341(4),(8)(k); 143‑345.1; 146‑1; 147‑13;

150B‑9;

Eff. February 3, 1976;

Amended Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015.

06 NCAC 02 .0104             FILING OF RULES

Rules adopted by the Council of State are recorded in the journal of the Council and are codified pursuant to the provisions of the North Carolina Administrative Procedure Act with the rules of the executive department responsible for administering the rules and related statutes.

History Note:        Authority G.S. 147‑13; 150B‑59;

Eff. February 3, 1976;

Amended Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015.