§ 150B-21.5 – Circumstances when notice and rule-making hearing not required; circumstances when submission to the Commission not required.
150B-21.5. Circumstances when notice and rule-making hearing not required; circumstances when submission to the Commission not required. (a) Amendment. – An agency is not required to publish a notice of text in the North Carolina Register, hold a public hearing, or submit the amended rule to the Commission for review when it proposes to amend […]
§ 150B-21.6 – Incorporating material in a rule by reference.
150B-21.6. Incorporating material in a rule by reference. An agency may incorporate the following material by reference in a rule without repeating the text of the referenced material: (1) Another rule or part of a rule adopted by the agency. (2) All or part of a code, standard, or regulation adopted by another agency, the […]
§ 150B-21.7 – Effect of transfer of duties or termination of agency on rules.
150B-21.7. Effect of transfer of duties or termination of agency on rules. (a) When a law that authorizes an agency to adopt a rule is repealed and another law gives the same or another agency substantially the same authority to adopt a rule, the rule remains in effect until the agency with authority over the […]
§ 150B-21.8 – Review of rule by Commission.
150B-21.8. Review of rule by Commission. (a) Emergency Rule. – The Commission does not review an emergency rule. (b) Temporary and Permanent Rules. – An agency must submit temporary and permanent rules adopted by it to the Commission before the rule can be included in the North Carolina Administrative Code. The Commission reviews a temporary […]
§ 150B-21.9 – Standards and timetable for review by Commission.
150B-21.9. Standards and timetable for review by Commission. (a) Standards. – The Commission must determine whether a rule meets all of the following criteria: (1) It is within the authority delegated to the agency by the General Assembly. (2) It is clear and unambiguous. (3) It is reasonably necessary to implement or interpret an enactment […]
§ 150B-21.10 – Commission action on permanent rule.
150B-21.10. Commission action on permanent rule. At the first meeting at which a permanent rule is before the Commission for review, the Commission must take one of the following actions: (1) Approve the rule, if the Commission determines that the rule meets the standards for review. (2) Object to the rule, if the Commission determines […]
§ 150B-21.11 – Procedure when Commission approves permanent rule.
150B-21.11. Procedure when Commission approves permanent rule. When the Commission approves a permanent rule, it must notify the agency that adopted the rule of the Commission’s approval, and deliver the approved rule to the Codifier of Rules. If the approved rule will increase or decrease expenditures or revenues of a unit of local government, the […]
§ 150B-21.12 – Procedure when Commission objects to a permanent rule.
150B-21.12. Procedure when Commission objects to a permanent rule. (a) Action. – When the Commission objects to a permanent rule, it must send the agency that adopted the rule a written statement of the objection and the reason for the objection. The agency that adopted the rule must take one of the following actions: (1) […]
§ 150B-21 – Agency must designate rule-making coordinator; duties of coordinator.
150B-21. Agency must designate rule-making coordinator; duties of coordinator. (a) Each agency must designate one or more rule-making coordinators to oversee the agency’s rule-making functions. The coordinator shall serve as the liaison between the agency, other agencies, units of local government, and the public in the rule-making process. The coordinator shall report directly to the […]
§ 150B-21.1 – Procedure for adopting a temporary rule.
150B-21.1. Procedure for adopting a temporary rule. (a) Adoption. – An agency may adopt a temporary rule when it finds that adherence to the notice and hearing requirements of G.S. 150B-21.2 would be contrary to the public interest and that the immediate adoption of the rule is required by one or more of the following: […]