07 NCAC 01B .0102          PETITIONS

(a)  Any person may request a public hearing on the adoption, amendment or repeal of a rule promulgated by the Department of Cultural Resources by addressing a petition to the Office of the Secretary, Department of Cultural Resources, 109 East Jones Street, Raleigh, N.C. 27611.

(b)  The petition must contain the following information:

(1)           name and address of each petitioner;

(2)           a citation to any rule petitioner desires to repeal or amend, a draft of the proposed rule or amendment, or a summary of the major elements of a proposed rule;

(3)           reasons for submitting the petition;

(4)           any supporting data;

(5)           anticipated effect of a proposed rule or repeal of a rule on the petitioner and on existing practices in the area involved, including cost factors if possible;

(6)           names and addresses of others likely to be affected by the proposed rule or repeal of a rule, if known.

(c)  The Secretary will promptly forward petitions over which he has no rulemaking authority to the Commission or other agency within the Department which has authority to promulgate rules over the subject matter of the petition.

(d)  The Department may request further information regarding the petition from the petitioner or from any other person.

(e)  The petitioner will be notified in writing either that the petition is denied or approved as provided for in G.S. 150B‑16.


History Note:        Authority G.S. 143B‑10; 143B‑14; 150B‑16;

Eff. February 1, 1976;

Readopted Eff. December 1, 1977;

Amended Eff. June 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. July 22, 2017.