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Repealed Eff.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Repealed Eff.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Repealed Eff.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)