§ 150B-19.1 – Requirements for agencies in the rule-making process.
150B-19.1. Requirements for agencies in the rule-making process. (a) In developing and drafting rules for adoption in accordance with this Article, agencies shall adhere to the following principles: (1) An agency may adopt only rules that are expressly authorized by federal or State law and that are necessary to serve the public interest. (2) An […]
§ 150B-19.3 – Limitation on certain environmental rules.
150B-19.3. Limitation on certain environmental rules. (a) An agency authorized to implement and enforce State and federal environmental laws may not adopt a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or […]
§ 150B-20 – Petitioning an agency to adopt a rule.
150B-20. Petitioning an agency to adopt a rule. (a) Petition. – A person may petition an agency to adopt a rule by submitting to the agency a written rule-making petition requesting the adoption. A person may submit written comments with a rule-making petition. If a rule-making petition requests the agency to create or amend a […]
§ 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: […]
§ 150B-21.1A – Adoption of an emergency rule.
150B-21.1A. Adoption of an emergency rule. (a) Adoption. – An agency may adopt an emergency rule without prior notice or hearing or upon any abbreviated notice or hearing the agency finds practical when it finds that adherence to the notice and hearing requirements of this Part would be contrary to the public interest and that […]
§ 150B-21.1B – Expired pursuant to Session Laws 2009-475, s16, effective June 30, 2012.
150B-21.1B: Expired pursuant to Session Laws 2009-475, s. 16, effective June 30, 2012.
§ 150B-21.2 – Procedure for adopting a permanent rule.
150B-21.2. Procedure for adopting a permanent rule. (a) Steps. – Before an agency adopts a permanent rule, the agency must comply with the requirements of G.S. 150B-19.1, and it must take the following actions: (1) Publish a notice of text in the North Carolina Register. (2) When required by G.S. 150B-21.4, prepare or obtain a […]
§ 150B-1 – Policy and scope.
150B-1. Policy and scope. [Effective until January 1, 2023] (a) Purpose. – This Chapter establishes a uniform system of administrative rule making and adjudicatory procedures for agencies. The procedures ensure that the functions of rule making, investigation, advocacy, and adjudication are not all performed by the same person in the administrative process. (b) Rights. – […]
§ 150B-2 – Definitions.
150B-2. Definitions. As used in this Chapter, the following definitions apply: (1) Administrative law judge. – A person appointed under G.S. 7A-752, 7A-753, or 7A-757. (1a) Adopt. – To take final action to create, amend, or repeal a rule. (1b) Agency. – An agency or an officer in the executive branch of the government of […]