SUBCHAPTER 22B ‑ RULE MAKING PROCEDURES

 

SECTION .0100 ‑ PETITIONS FOR RULE MAKING

 

21 NCAC 22B .0101          PETITIONS

In accordance with G.S. 150B‑16, any person desiring the adoption, amendment or repeal of a rule by the Board shall submit a petition to the Board containing the following information:

(1)        Name of board;

(2)        A draft of the proposed rule;

(3)        Reasons for the adoption, amendment or repeal;

(4)        Data supporting the proposed rule;

(5)        The effect of the proposal on existing rules;

(6)        Effects of the proposed rule on persons licensed under Chapter 93D of the General Statutes of North Carolina;

(7)        Names (including addresses if known) of those most likely to be affected by the rule; and

(8)        Name(s) and address(es) of petitioner(s).

 

History Note:        Authority G.S. 93D‑3(c); 150B‑12; 150B‑16;

Eff. April 23, 1976;

Amended Eff. May 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

 

21 NCAC 22B .0102          CONTENTS OF PETITIONS

21 NCAC 22B .0103          AMENDMENT OR REPEAL

21 NCAC 22B .0104          CONTENTS OF PETITIONS

21 NCAC 22B .0105          GRANTING OR DENYING PETITIONS

21 NCAC 22B .0106          RECOMMENDATION

21 NCAC 22B .0107          FINAL DECISION

 

History Note:        Authority G.S. 93D‑3; 150B‑16;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

 

SECTION .0200 ‑ NOTICE

 

 

21 NCAC 22B .0201          NOTICE TO PARTIES

21 NCAC 22B .0202          MAILING LIST

21 NCAC 22B .0203          PUBLIC NOTICE

21 NCAC 22B .0204          INFORMATION REQUESTS

 

History Note:        Authority G.S. 93D‑3; 150B‑12; 150B‑16;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

 

SECTION .0300 ‑ HEARINGS

 

 

21 NCAC 22B .0301          LOCATION OF HEARINGS

 

History Note:        Authority G.S. 93D‑3; 150B‑12;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

 

21 NCAC 22B .0302          COMMENTS

In accordance with G.S. 150B‑12 and 150B‑16, the record of hearing will be open for receipt of written comments for 30 consecutive days prior to the date of the public rule making hearing.  Any interested person may present written or oral comments relevant to the actions proposed at the public rule making hearing or may deliver written comments to the Board office no later than 10:00 a.m. on the day of the hearing.  Any person planning to make oral comments is encouraged to submit a written copy of the presentation at or before the time of the public hearing.

 

History Note:        Authority G.S. 93D‑3(c); 150B‑12; 150B‑16;

Eff. April 23, 1976;

Amended Eff. May 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

 

21 NCAC 22B .0303          REQUEST FOR ORAL PRESENTATIONS

21 NCAC 22B .0304          ORAL PRESENTATION

21 NCAC 22B .0305          WRITTEN STATEMENT

21 NCAC 22B .0306          ACKNOWLEDGMENT

 

History Note:        Authority G.S. 93D‑3; 150B‑11; 150B‑12; 150B‑16;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

 

21 NCAC 22B .0307          CONTROL OF HEARINGS

The presiding officer at the hearing shall have complete control of the proceedings including the allotment of time for oral presentations.

 

History Note:        Authority G.S. 93D‑3(c); 150B‑12;

Eff. April 23, 1976;

Amended Eff. May 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

 

21 NCAC 22B .0308          REQUEST FOR STATEMENT ON FINAL DECISION

21 NCAC 22B .0309          RECORDS

 

History Note:        Authority G.S. 93D‑3; 150B‑11; 150B‑12; 150B‑16;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

 

SECTION .0400 ‑ EMERGENCY RULES

 

 

21 NCAC 22B .0401          POWER TO ISSUE

21 NCAC 22B .0402          LENGTH OF EFFECTIVENESS

 

History Note:        Authority G.S. 93D‑3; 150B‑13;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

 

SECTION .0500 ‑ DECLARATORY RULINGS

 

21 NCAC 22B .0501          REQUEST FOR DECLARATORY RULING

Any person affected by a statute administered by the Board or by a rule promulgated by the Board may request a declaratory ruling as to the validity of a rule or as to the applicability of a statute or rule to a given state of facts.  All requests for declaratory rulings shall be in writing and shall contain the following information:

(1)        Name(s) and address(es) of petitioner(s);

(2)        Statute and/or rule to which the petition relates; and

(3)        Concise statement of facts and explanation of the manner in which the petitioner is injured, or thinks he may be injured, by the statute or rule as applied to him.

 

History Note:        Authority G.S. 93D‑3(c); 150B‑17;

Eff. April 23, 1976;

Amended Eff. April 1, 1989; May 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

 

21 NCAC 22B .0502          CONTENTS OF REQUEST

 

History Note:        Authority G.S. 93D‑3; 150B‑17;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

 

21 NCAC 22B .0503          REFUSAL TO ISSUE DECLARATORY RULING

In accordance with G.S. 150B‑17, the Board may decline to issue a declaratory ruling if any of the following circumstances exist:

(1)        A declaratory ruling would be futile because circumstances have so changed since the promulgation of the rule that the rule no longer serves its original purpose;

(2)        A similar factual situation has been the basis of a contested case;

(3)        The factual situation at issue was specifically considered upon the adoption of the rule being questioned, as evidenced by the rule making record;

(4)        The subject matter of the requested declaratory ruling is involved in a lawsuit pending in a court of this state or a federal court; or

(5)        Failure to comply with the requirements contained in Rule .0501 of this Section.

 

History Note:        Authority G.S. 93D‑3(c); 150B‑17;

Eff. April 23, 1976;

Amended Eff. May 1, 1988;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 6, 2016.

 

21 NCAC 22B .0504          ISSUANCE OF DECLARATORY RULING

21 NCAC 22B .0505          PROCEDURE

21 NCAC 22B .0506          VALIDITY OF RULE

21 NCAC 22B .0507          CIRCUMSTANCES

 

History Note:        Authority G.S. 93D‑3; 150B‑17;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

 

SECTION .0600 ‑ FEES

 

 

21 NCAC 22B .0601          FEE SCHEDULE

21 NCAC 22B .0602          AMOUNT

 

History Note:        Authority G.S. 12‑3.1; 93D‑3;

Eff. April 23, 1976;

Repealed Eff. May 1, 1988.

 

21 NCAC 22B .0603          FEE SCHEDULE (recodified to 21 ncac 22a .0501 May 1, 2013)