(a)  The Marine Fisheries Commission Chairman may refer duly submitted petitions to the appropriate standing advisory committee(s) or other advisory committee(s) of the Commission for review and recommended action.  Copies of petitions for rulemaking shall be distributed to the Commission members when referred to a committee of the Commission.

(b)  The Chairman of the Committee assigned to review a submitted petition for rulemaking shall announce the date of a meeting to consider the petition within 10 days of the assignment of the petition.

(c)  At least 15 days before the Committee meeting, the Committee Chairman shall send notice of the Committee meeting to the petitioner, members of the Commission, and persons who have requested notice of petitions for rulemaking.

(d)  The petitioner shall be afforded the opportunity to present the petition for rulemaking to the Committee.  The Director, through staff, may make a presentation to the Committee.

(e)  Interested persons must request the opportunity to make a presentation to the Committee(s) through the Committee(s) chair(s).  The request shall:

(1)           state the interest of the person,

(2)           the person=s position on the petition for rulemaking, and

(3)           be accompanied by supporting materials.

The Chairman of the Committee will determine whether additional interested persons make oral presentations before the Committee.

(f)  The Chairman of the Committee will determine whether a public meeting should be conducted by the Committee before it makes a recommendation on the petition for rulemaking.

(g)  During the Committee=s review, members of the Commission, other than Committee members, who are present may participate as a member of the Committee in discussions of the petition but may not vote on the recommended action on the petition.


History Note:        Authority G.S. 113‑134; 113-182; 143B‑289.52; 150B-20;

Eff. April 1, 1999.