21 NCAC 02 .0401             RULE‑MAKING PETITIONS

(a)  A person may petition the Board to adopt a new rule or change or amend an existing rule by sending a rule‑making petition to the Board at the Board's address set out in Rule .0101.  The petition must be titled "Petition for Rule‑making" and must include the following information:

(1)           the name and address of the person submitting the petition;

(2)           a citation to any rule for which a change or repeal is requested;

(3)           a draft of any proposed rule or amended rule;

(4)           an explanation of why the new rule, amendment, or repeal is requested and the effects of the new rule, amendment, or repeal on the Board's procedure or the persons regulated by the Board;

(5)           any other information the person submitting the petition considers relevant.

(b)  The Board must decide whether to grant or deny a petition for rule‑making within 120 days of receiving the petition.  In making its decision, the Board will consider the information submitted with the petition and any other relevant information.

(c)  When the Board denies a petition for rule‑making, it must send written notice of the denial to the person who submitted the request.  The notice must state the reason for the denial.  When the Board grants a rule‑making petition, it must initiate rule‑making proceedings and send written notice of the proceedings to the person who submitted the request.


History Note:        Authority G.S. 150B‑6;

Eff. February 1, 1976;

Readopted Eff. September 29, 1977;

Amended Eff. May 1, 1989;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 13, 2015.