SECTION .0500 ‑ RULES

21 NCAC 38 .0501             PETITIONS FOR ADOPTION, AMENDMENT, OR REPEAL OF RULES

(a)  General.  The procedure for petitioning the Board to adopt, amend, or repeal a rule is governed by G.S. 150B‑16.

(b)  Submission.  Rule‑making petitions shall be sent to the Board.  No special form is required, but the petitioner shall state his name and address.  There are no minimum mandatory contents of a petition, but the Board considers the following information to be pertinent:

(1)           a draft of any proposed rule or amendment to a rule;

(2)           the reason for the proposal;

(3)           the effect of the proposal on existing rules or decisions;

(4)           data supporting the proposed rule change;

(5)           practices likely to be affected by the proposed rule change;

(6)           persons likely to be affected by the proposed rule change.

(c)  Disposition.  The Board shall review the petition at its next regular meeting following receipt of the petition, and the Board shall render its decision to either deny the petition or initiate rule‑making.  The Board shall notify the petitioner of its decision in writing within the 120‑day period set by G.S. 150B‑16.

History Note:        Authority G.S. 90‑270.69(4); 150B‑16;

Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 23, 2016.