15A NCAC 04E .0203       DISPOSITION OF PETITIONS

(a)  The director will determine whether the petition contains sufficient information for the commission to determine whether the public interest will be served by granting the request.  The director may request additional information from the petitioner(s), he may contact interested persons or persons likely to be affected by the proposed rule and request comments, and he may use any other appropriate method for obtaining additional information.

(b)  The commission will render a decision within 30 days after the petition is submitted.  If the decision is to grant the petition, the director, within 30 days of submission, will initiate a rulemaking proceeding.  If the decision is to deny the petition, the director will notify the petitioner(s) in writing, stating the reasons therefor.

(c)  If the commission is not scheduled to meet within 30 days of submission of a petition the director may either:

(1)           accept the petition and initiate a rulemaking proceeding; or

(2)           Ask the chairman of the commission to call a special meeting of the commission so that a decision can be made by the commission within the 30 day time period required by 150B‑16 and in accordance with the procedures set out in (b) of this Rule.

 

History Note:        Authority G.S. 113A‑54; 113A‑55; 150B‑16;

Eff. March 14, 1980;

Amended Eff. August 1, 1988; November 1, 1984; June 5, 1981;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016.