(a)  The secretary will determine, based on a study of the facts stated in the petition whether the public interest will be served by granting it.  Prior to making this determination, he may request additional information from the petitioner(s); he may contact interested person(s) likely to be affected by the proposed rule and request comments; he may use any other appropriate method for obtaining information on which to base his determination.  He will consider all the contents of the submitted petition, plus any additional information he deems relevant.

(b)  Within 30 days of submission of the petition, the secretary will render a final decision.  If the decision is to deny the petition, the secretary will notify the petitioner in writing, stating the reasons therefor.  If the decision is to grant the petition, within 30 days of submission and the final decision, the secretary will initiate a rule‑making hearing by issuing a rule‑making notice as provided in these rules.


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

Eff. February 1, 1976;

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