20 NCAC 01F .0111          PETITION FOR RULEMAKING

(a)  All petitions requesting the adoption, amendment, or repeal of a rule shall be in writing and mailed to the attention of the Rulemaking Coordinator at the address specified in Rule 20 NCAC 01A .0101.

(b)  The petition for rulemaking shall:

(1)           contain the names and addresses of petitioners;

(2)           identify the agency, board, or commission to whom the petition is directed for consideration; and

(3)           for petitions to adopt or amend a rule, draft text of the proposed rule or amendment and a statement of the effect of the requested rule change.

(c)  The petition may contain the following information:

(1)           the reason for the proposal;

(2)           anticipated cost factors; or

(3)           any additional data supporting the petition.

(d)  If the State Treasurer is the appropriate rulemaking body to consider the petition, within 30 days of submission of the petition, the State Treasurer, or deputy pursuant to G.S. 147-75, shall render a final decision. If the decision is to deny the petition, the petitioner shall be notified in writing, stating the reasons for the denial. If the decision is to grant the petition, written notice of the decision shall be provided as set forth in G.S. 150B-20(c) and rulemaking proceedings shall be initiated.

(e)  If a board or commission within the Department of State Treasurer is the appropriate rulemaking body to consider the petition, the petition shall be forwarded to the chair of the board or commission. Within 120 days of submission of the petition, the board or commission shall render a final decision. If the decision is to deny the petition, the petitioner shall be notified by the board or commission in writing, stating the reasons for the denial. If the decision is to grant the petition, written notice of the decision shall be provided as set forth in G.S. 150B-20(c) and rulemaking proceedings shall be initiated.

 

History Note:        Authority G.S. 150B-20;

Eff. December 1, 2021.