SECTION .2000 - RULEMAKING AND CONTESTED CASE PROCEDURES

10A NCAC 09 .2001         PETITIONS FOR RULEMAKING

(a)  Any person wishing to request the adoption, amendment, or repeal of a rule made by the Child Care Commission (hereinafter referred to as the Commission) shall make the request in a written petition to:

Rulemaking Coordinator

Division of Child Development and Early Education

2201 Mail Service Center

Raleigh, North Carolina 27699-2200

(b)  Petitions for adoption or amendment of a rule shall include a draft of the proposed rule, and the name and address of the petitioner. The petition may also include any of the following items known to the petitioner:

(1)           the statutory authority for the Commission to promulgate the rule;

(2)           the effect on existing rules;

(3)           any data supporting the proposal;

(4)           the effect of the proposed rule on existing practices in the area involved, including cost factors;

(5)           the names and addresses of those most likely to be affected by the proposed; and

(6)           the reasons for the proposal.

(c)  The Division Director or designee shall present the petition to the Commission to determine whether the Commission has statutory authority to grant the petition.

(d)  The Commission shall render a decision as to whether to deny or approve the petition at its next scheduled meeting, which may be no later than 120 days after submission of the petition. If the decision is to deny the petition, the Division Director or designee shall notify the petitioner in writing, stating the reasons for the denial. If the decision is to approve the petition, the Commission shall initiate rulemaking in accordance with G.S. 150B-21.2.

History Note:        Authority G.S. 110-85; 143B-168.3; 150B-20;

Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 23, 2015;

Amended Eff. February 1, 2016.