SECTION .0200 ‑ RULEMAKING

10A NCAC 13A .0201      PETITIONS

(a)  Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule or rules by the North Carolina Medical Care Commission shall submit the petition addressed to: Office of the Director, Division of Health Service Regulation, 2701 Mail Service Center, Raleigh, North Carolina, 27699-2701.

(b)  The petition shall contain the following information:

(1)           the text of the proposed rule or rules for adoption or amendment, the rule number of the proposed rule or rules for repeal, and the statutory authority for the agency to promulgate the rule or rules;

(2)           a statement of the effect on existing rules;

(3)           a statement of the effect of the proposed rule or rules on existing practices in the area involved, if known; and

(4)           the name(s) and address(es) of petitioner(s).

(c)  The petitioner may include the following information within the request:

(1)           documents and any data supporting the petition;

(2)           a statement of the reasons for adoption of the proposed rule or rules, amendment or the repeal of an existing rule or rules;

(3)           a statement explaining the costs and computation of the cost factors, if known; and

(4)           a description, including the names and addresses, if known, of those individuals or entities most likely to be affected by the proposed rule or rules.

(d)  The North Carolina Medical Care Commission, based on a review of the facts stated in the petition, shall consider the following in the determination to grant the petition:

(1)           whether the North Carolina Medical Care Commission has authority to adopt the rule or rules;

(2)           the effect of the proposed rule(s) on existing rules, programs, and practices;

(3)           probable costs and cost factors of the proposed rule or rules;

(4)           the impact of the rule on the public and the regulated entities; and

(5)           whether the public interest will be served by granting the petition.

(e)  Petitions that do not contain the information required by Paragraph (b) of this Rule shall be returned to the petitioner by the Chairman of the North Carolina Medical Care Commission.

History Note:        Authority G.S. 143B‑165; 150B-20;

Eff. February 1, 1976;

Readopted Eff. December 19, 1977;

Amended Eff. November 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. March 22, 2015;

Amended Eff. October 1, 2023.