(a)  Petitions for Rulemaking, after review by the appropriate committee under 15A NCAC 02I .0502, shall be presented to the Environmental Management Commission for its consideration and determination at a regularly scheduled meeting of the Commission within 120 days following the date of referral of the petition to the appropriate committee. The Petition for Rulemaking and the committee's recommended action shall be presented through the committee chairman or other designated member of the committee during the business session of the Commission.  Unless the Chairman of the Commission rules otherwise, discussion on the petition shall be limited to the members of the Commission, counsel to the Commission, and the Director.

(b)  Within 120 days following referral of the petition to the appropriate committee, the Environmental Management Commission shall:

(1)           initiate rulemaking proceedings in accordance with G.S. 150B‑20 and notify the person(s) who submitted the petition of the decision in writing; or

(2)           deny the petition in writing, stating the reason or reasons for the denial, and send the written denial to the person(s) who submitted the petition.


History Note:        Authority G.S. 143B‑282; 150B‑20;

Eff. April 1, 2003.