SECTION .0700 – ADMINISTRATIVE PROCEDURES

 

21 NCAC 63 .0701             PETITIONS FOR ADOPTION OF RULES

(a)  The procedure for petitioning the Board to adopt, amend, or repeal a rule is governed by G.S. 150B-20.

(b)  Submission.  Rule-making petitions shall be sent to the executive director of the Board.  Contact information for the Board can be found on the Board's website at www.ncswboard.org.  No special form is required.  The rule-making petition shall contain the following information:

(1)           the name and address of the person making the request;

(2)           the proposed text of any requested rule change; and

(3)           a statement of the effect of the requested change.

(c)  The Board does not require the following information to be submitted with the petition, but does consider the following information to be pertinent:

(1)           the reason for its proposal;

(2)           data supporting the proposed rule;

(3)           practices likely to be affected by the proposed rule; and

(4)           persons likely to be affected by the proposed rule.

(d)  Disposition.  The executive director shall present the petition and his or her recommendation to the Board at its next regular meeting following receipt of the petition, and the Board shall render its decision to either deny the petition or initiate rule-making.  The Board shall notify the petitioner of its decision in writing within the 120-day period set by G.S. 150B-20.

 

History Note:        G.S. 90B-6(h); 150B-20;

Eff. September 1, 1989;

Temporary Amendment Eff. October 1, 1999;

Amended Eff. January 1, 2014; July 1, 2000;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. September 19, 2015.