21 NCAC 21 .0804             DISPOSITION OF PETITIONS FOR RULEMAKING

(a)  The Chair may request additional information from the petitioner, may contact any interested person or persons likely to be affected by the proposed rule and request comments, and may use any other appropriate method to obtain additional information.

(b)  When deemed complete by the Chair, petitions for rulemaking shall be presented to the Board for its consideration and determination at a regularly-scheduled meeting of the Board within 120 days following submission of the complete petition. The Chair shall determine the order and duration of discussion regarding the petition, including discussion by members of the public if any.

(c)  Within 120 days following submission of the complete petition requesting rulemaking, unless the parties have agreed to an extension of time, the Board shall:

(1)           initiate rulemaking proceedings in accordance with G.S. 150B-20 and notify the petitioner in writing; or

(2)           deny the petition in writing with the reason for the denial and send the written denial to the petitioner.

History Note:        Authority G.S. 89E-5; 150B-20;

Eff. February 1, 1986;

Amended Eff. April 1, 2003; April 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 16, 2014;

Amended Eff. June 1, 2017.