26 NCAC 05 .0107             WITHDRAWAL OR AMENDMENT OF RULES AFTER FILING WITH RRC

(a)  An agency shall not withdraw a rule after filing with the RRC and before review by the RRC when:

(1)           the rule is a readoption; or

(2)           the staff recommendation to object to the rule applies to existing language.

(b)  An agency shall make no changes to any rule after filing with the RRC and before review by the RRC except:

(1)           in response to a request for technical changes from the RRC or from the RRC staff; or

(2)           after notifying RRC staff of the changes in writing, identifying each change, and providing an explanation for each change.

(c)  Following the posting of a staff recommendation to object to a rule on the OAH website, the agency shall submit no further changes to the rule before review by the RRC, except where:

(1)           staff has not recommended objection pursuant to G.S. 150B-21.9(a)(1) or G.S. 150B-21.9(a)(4);

(2)           the agency's rulemaking coordinator makes a written representation to RRC staff that any changes made are intended to remedy identified ambiguities or eliminate language that repeats the content of a law, another rule, or a federal regulation; and

(3)           the agency submits the changes no later than 5:00 p.m. Eastern Time on the fifth business day immediately preceding the RRC meeting at which the rules subject to the staff recommendation are to be reviewed.

History Note:        Authority G.S. 143B-30.1;

Eff. August 1, 2008;

Amended Eff. October 1, 2024; June 1, 2023.