(a)  Written comments submitted by any person concerning a permanent rule shall be received by the RRC staff by 5:00 p.m. Eastern Time of the fifth business day prior to the RRC meeting at which the permanent rule is to be reviewed. If comments are submitted electronically, the comments shall be sent to rrc.comments@oah.nc.gov.

(b)  Written comments shall state how a rule either complies with or fails to comply with the statutory grounds for the RRC's review set out in G.S. 150B-21.9.

(c)  Persons submitting comments shall also submit a copy of the comments at the same time and in the same manner to the agency's rulemaking coordinator. Rulemaking coordinator contact information is located at www.ncoah.com/rules.

(d)  A person or agency may submit rebuttal comments concerning permanent rules. Comments from a person shall be submitted in the same manner as set out in Paragraph (a) of this Rule prior to 5:00 p.m. Eastern Time of the business day before the RRC meeting at which the rule is to be reviewed. An agency may submit rebuttal comments before or at the RRC meeting.

(e)  Any person submitting written comments or submitting rebuttal comments at an RRC meeting shall submit sufficient copies for each of the Commissioners, commission counsel, agency rulemaking coordinator, and the permanent record, a total of 16 copies.

(f)  The Chair may waive the requirements of this Rule based on the factors in Rule .0112 of this Chapter.

(g)  Written comments not submitted in accordance with this Rule are subject to being excluded from the record by the Commission.


History Note:        Authority G.S. 143B-30.1;

Eff. August 1, 2008;

Amended Eff. June 1, 2023; May 1, 2016.