SUBCHAPTER 01B ‑ RULE‑MAKING AND ADMINISTRATIVE HEARING PROCEDURES

SECTION .0100 ‑ rule-making

13 NCAC 01B .0101          INSTRUCTIONS FOR FILING A PETITION FOR RULE-MAKING

(a)  Any person may petition the Commissioner of Labor to adopt a new permanent rule, or amend or repeal an existing permanent rule by submitting a rule-making petition to the Rulemaking Coordinator, N.C. Department of Labor, 1101 Mail Service Center, Raleigh, NC 27699-1101.

(b)  The petition shall be titled "Petition for Rule-making" and shall include the following information:

(1)           the name and address of the person submitting the petition;

(2)           a citation to any rule for which an amendment or repeal is requested;

(3)           the text of any proposed rule or amended rule; and

(4)           a statement of the effect of the requested rule change on the Department of Labor to include the effect on those over whom the agency has jurisdiction.

(c)  The petition may include the following to provide clarifying information to the Commissioner of Labor:

(1)           documents or data supporting the petition;

(2)           a statement of the reasons for adoption of the proposed rule(s), amendment, or repeal of an existing rule(s), to include why the proposed rule(s) or amendment is requested;

(3)           a statement explaining the costs and computation of the cost factors, if known;

(4)           a description, including named entities, if known, of those most likely to be affected by the proposed rule(s);

(5)           the statutory authority for the agency to promulgate the rule(s); and

(6)           any other information the person submitting the petition considers relevant.

(d)  The Commissioner of Labor shall grant or deny a petition for rule-making within 30 days of the date the rule-making petition is received by the agency. In making the decision, the Commissioner of Labor shall consider the information submitted with the petition and any other relevant information.

(e)  In the review of the proposed permanent rule, the Commissioner of Labor shall consider whether the Department has authority to adopt the rule; the effect of the proposed rule on existing rules, programs, and practices; probable costs and cost factors of the proposed rule; and the impact of the rule on the public and regulated entities.

(f)  When the Commissioner of Labor denies a petition for rule-making, a written notice of the denial shall be sent to the person who submitted the request. The notice shall state the reason for the denial.

(g)  When the Commissioner of Labor grants a rule-making petition, the Rulemaking Coordinator shall initiate permanent rule-making proceedings and send written notice of the proceedings to the person who submitted the request.

History Note:        Authority G.S. 95-4(2); 150B-20;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. April 1, 2001; July 1, 1988; December 1, 1985;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018;

Amended Eff. May 1, 2022; January 1, 2020.

13 ncac 01b .0102          MAILING LIST

(a) Any person or agency desiring to be placed on the mailing list for the Department's rule-making notices issued pursuant to G.S. 150B-21.2(d) may file a request in writing to the Commissioner of the Department at 1101 Mail Service Center Raleigh, NC 27699-1101.

(b) The request shall:

(1)           include the person's name and address;

(2)           specify the subject areas within the authority of the Department for which notice is requested; and

(3)           state the calendar year(s) for which the notice is desired.

History Note:        Authority G.S. 95‑4(2); 150B-21.2;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. April 1, 2001;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018;

Amended Eff. May 1, 2022.

13 ncac 01b .0103          DISPOSITION OF PETITIONS

History Note:        Authority G.S. 95‑4(2); 150B‑16;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. April 1, 2001;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2018;

Repealed Eff. May 1, 2022.

SECTION .0200 ‑ NOTICE OF RULE‑MAKING HEARINGS

13 NCAC 01B .0201          TIMING OF NOTICE

History Note:        Authority G.S. 95‑4(2); 150B‑12(2);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. July 1, 1988.

13 ncac 01b .0202          NOTICE MAILING LIST

13 ncac 01B .0203          additional information

History Note:        Authority G.S. 95‑4; 150B‑12;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. July 1, 1988; December 1, 1985;

Repealed Eff. April 1, 2001.

SECTION .0300 ‑ RULE‑MAKING HEARINGS

13 ncac 01b .0301          REQUEST TO PARTICIPATE

13 ncac 01b .0302          contents of request: general time limitations

13 ncac 01b .0303          receipt of request: specific time limits

13 ncac 01b .0304          written submissions

13 ncac 01b .0305          presiding officer: powers and duties

13 ncac 01b .0306          statement of reasons for decision

13 ncac 01b .0307          record of proceedings

History Note:        Authority G.S. 95‑4; 150B‑12;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. July 1, 1988; December 1, 1985;

Repealed Eff. April 1, 2001.

13 NCAC 01B .0308          EMERGENCY RULES

History Note:        Authority G.S. 95‑4; 74A‑1; 150B‑13;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. July 1, 1988.

SECTION .0400 ‑ DECLARATORY RULINGS

13 ncac 01b .0401          SUBJECTS OF DECLARATORY RULINGS

13 ncac 01b .0402          submission of request for ruling

13 ncac 01b .0403          disposition of requests

13 ncac 01b .0404          record of decision

13 ncac 01b .0405          definition

History Note:        Authority G.S. 95‑4; 150B‑17;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. July 1, 1988; December 1, 1985;

Repealed Eff. April 1, 2001.

SECTION .0500 ‑ ADMINISTRATIVE HEARING PROCEDURES

13 ncac 01b .0501          RIGHT TO HEARING

13 ncac 01b .0502          petition for hearing

History Note:        Authority G.S. 95‑4; 150B‑23;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. July 1, 1988; December 1, 1985;

Repealed Eff. April 1, 2001.

13 NCAC 01B .0503          GRANTING OR DENYING HEARING REQUESTS

13 NCAC 01B .0504          NOTICE OF HEARING

13 NCAC 01B .0505          WHO SHALL HEAR CONTESTED CASES

13 NCAC 01B .0506          PETITION FOR INTERVENTION

13 NCAC 01B .0507          TYPES OF INTERVENTION

13 NCAC 01B .0508          DISQUALIFICATION OF HEARING OFFICERS

History Note:        Authority G.S. 95‑4; 150B;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. December 1, 1985;

Repealed Eff. July 1, 1988.

SECTION .0600 ‑ ADMINISTRATIVE HEARINGS: DECISIONS: RELATED RIGHTS AND             PROCEDURES

13 NCAC 01B .0601          FAILURE TO APPEAR

History Note:        Authority G.S. 95‑4; 150B‑25(a);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. July 1, 1988.

13 ncac 01b .0602          SIMPLIFICATION OF ISSUES

History Note:        Authority G.S. 95‑4; 150B‑33;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. April 1, 2001.

13 NCAC 01B .0603          SUBPOENAS

13 NCAC 01B .0604          DEPOSITIONS

History Note:        Authority G.S. 95‑4(2); 150B‑27; 150B‑28(a);

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Amended Eff. December 1, 1985;

Repealed Eff. July 1, 1988.

13 ncac 01b .0605          REQUEST FOR DEPARTMENT RECORDS

13 nCAC 01b .0606          assistance of counsel

13 ncac 01b .0607          final decisions in administrative hearings

13 ncac 01b .0608          applicability

History Note:        Authority G.S. 95-4; 95‑4(2); 150B-2(2); 150B-23(a); 150B‑28(b); 150B-36;

Eff. February 1, 1976;

Readopted Eff. September 30, 1977;

Repealed Eff. April 1, 2001.