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Codifier of Rules

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PROPOSED TEMPORARY RULES OTHER

 

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GENERAL INFORMATION

The Rules Division of the Office of Administrative Hearings performs administrative and technical work in the compilation, production and publication of the North Carolina Register and the North Carolina Administrative Code (NCAC) as required by Chapter 150B of the North Carolina General Statutes (G.S. 150B). The Rules Division is located at 1711 New Hope Church Road, Raleigh, NC 27609. For questions or assistance, phone 919-431-3000 or email to: oah.postmaster@oah.nc.gov.

Please submit questions or comments to: oah.postmaster@oah.nc.gov.

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ADOPTION OF PERMANENT RULES

An agency intending to adopt, amend, or repeal a rule must publish a notice of text in the North Carolina Register. The notice must include the text of the proposed rule, a short explanation of the reason for the proposed rule, a citation to the law that gives the agency the authority to adopt the rule, the proposed effective date of the rule, the date, time, and place of any public hearing schedule on the rule or instructions on how a person may demand a public hearing on a proposed rule if the notice does not schedule a public hearing on the proposed rule, the period of time during which and the person to whom written comments may be submitted on the proposed rule, if a fiscal note has been prepared for the rule, a statement that a copy of the fiscal note can be obtained from the agency, and the procedure by which a person can object to a proposed rule and the requirements for subjecting a proposed rule to the legislative review process.

Unless a specific statute provides otherwise, at least 15 days must elapse following publication of the notice in the North Carolina Register before the agency may conduct any public hearing and at least 60 days must elapse before the agency may take action on the proposed rule. An agency may not adopt a rule that differs substantially from the proposed form published as part of the public notice until the adopted version has been published in the North Carolina Register for an additional 60 day comment period.

When final action is taken, the adopting agency must file the rule with the Rules Review Commission (RRC) within 30 days of the adoption. After approval by RRC, the adopted rule becomes effective on the first day of the month following the month the rule is approved by the Commission, unless the Commission receives 10 or more written objections to the rule. If the Commission receives objections from 10 or more persons clearly requesting review by the legislature, the rule is sent to the General Assembly. The rule then becomes effective no earlier than the 31st legislative day of the next regular session of the General Assembly that begins at least 25 days after RRC approves the rule unless a legislative bill is introduced to disapprove that specific rule. If a bill is introduced, the rule becomes effective on the earlier of either the day an unfavorable final action is take on the bill or the day that session adjourns without ratifying the bill to disapprove the rule. A permanent rule disapproved by a bill ratified by the General Assembly before it becomes effective does not become effective and is not entered into the NCAC.

Proposed action on rules may be withdrawn by the promulgating agency at any time before final action is taken by the agency.

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EMERGENCY RULES

Under emergency conditions, agencies may adopt emergency rules pursuant to G.S. 150B-21.1A. Within 48 hours of submission to OAH, the Codifier of Rules must review the agency′s written statement of findings of need for the emergency rule. If the Codifier determines that the findings meet the criteria in G.S. 150B-21.1A, the rule is entered into the NCAC on the 6th business day following approval. If the Codifier determines that the findings do not meet the criteria, the rule is returned to the agency. The agency may supplement its findings and resubmit the emergency rule for an additional review or the agency may decide that it will remain with its initial position. The Codifier, thereafter, will enter the rule into the NCAC on the 6th business day following notification from the agency. An agency adopting an emergency rule must begin rulemaking procedures on a temporary rule at the same time the emergency rule is filed with Codifier. The emergency rule expires on the earliest of the following dates: the date specified in the rule; the effective date of the temporary rule adopted to replace the emergency rule, if the Commission approves the temporary rule; the date the Commission returns to an agency a temporary rule the agency adopted to replace the emergency rule; or 60 days from the date the emergency rule was published in the North Carolina Register, unless the temporary rule adopted to replace the emergency rule has been submitted to the Commission.

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TEMPORARY RULES

Under certain conditions, an agency may adopt a temporary rule pursuant to G.S. 150B-21.1 when it finds that adherence to the normal notice and hearing requirements would be contrary to the public interest and that the immediate adoption of the rule is necessary or required.

Unless otherwise provided by law, at least 30 business days prior to adopting a temporary rule, the agency shall submit the text of the proposed temporary rule and a notice of public hearing to the Codifier of Rules, and the Codifier of Rules shall publish the proposed text and the notice of public hearing on the OAH website. The agency must notify interested parties of its intent to adopt a temporary rule and of the public hearing; accept written comments on the proposed temporary rule for at least 15 business days prior to adoption of the temporary rule; and hold at least one public hearing on the proposed temporary rule.

When an agency adopts a temporary rule it must submit the rule and the agency′s written statement of its findings of the need for the rule to the Rules Review Commission (RRC). The Commission or its designee shall review the agency′s written statement of findings of need for the rule and the rule to determine whether the statement meets the criteria for adopting a temporary rule and the rule meets the standards for review set out in G.S. 150B-21.9. If the Commission or its designee finds that the statement meets the criteria, and the rule meets the standards of review, the Commission or its designee must approve the temporary rule and deliver the rule to the Codifier of Rules and the Codifier of Rules must enter the rule into the North Carolina Administrative Code.

If the Commission or its designee finds that the statement does not meet the criteria or that the rule does not meet the review standards, the Commission or its designee will notify the head of the agency. The agency may supplement its statement of need with additional findings or submit a new statement. If an agency decides not to provide additional findings or submit a new statement, the agency must notify the Commission and the rule is returned to the agency.

A temporary rule expires on the earliest of the following dates: the date specified in the rule; the effective date of the permanent rule adopted to replace the temporary rule, if the Commission approves the permanent rule; the date the Commission returns to an agency a permanent rule the agency adopted to replace the temporary rule; the effective date of an act of the General Assembly that specifically disapproves a permanent rule adopted to replace the temporary rule; or 270 days from the date the temporary rule was published in the North Carolina Register, unless the permanent rule adopted to replace the temporary rule has been submitted to the Commission.

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NORTH CAROLINA REGISTER

The North Carolina Register must, by law, be published at least twice monthly and contains information relating to agency, executive, legislative and judicial actions required by or affecting Chapter 150B of the General Statutes. The Register typically contains temporary rules entered into the NC Administrative Code, the text of proposed rules, and the text of permanent rules approved by the Rules Review Commission, emergency rules entered into the NCAC, Executive orders of the Governor, an index to published contested case decisions issued by the Office of Administrative Hearings, and other notices required by or affecting Chapter 150B of the General Statutes. In recent years the General Assembly has mandated other agency documents be published in the Register in order to provide for public notice. Publication of the Register is mandated by G.S. 150B-21.17.

The North Carolina Register is available at no charge on the OAH website: www.ncoah.com/rules/register. A print subscription to the Register is available from LexisNexis Matthew Bender and may be ordered directly from LexisNexis by calling 1-800-833-9844, ordering from the online store at www.lexisnexis.com/bookstorelink/, or by writing to LexisNexis Matthew Bender, Order Fulfillment, 1275 Broadway, Albany, NY 12204.

The Office of Administrative Hearings maintains an email notification list to send notice that a new Register issue is posted on the OAH website and to send any other information the Codifer of Rules determines is helpful to the listserv subscribers. To subscribe or unsubscribe to the NC Register listserv, please use the web form found at the following link: http://lists.ncmail.net/mailman/listinfo/ncregister.

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NORTH CAROLINA ADMINISTRATIVE CODE

The North Carolina Administrative Code (NCAC) is a compilation of the administrative rules of approximately 26 state agencies and 50+ occupational licensing boards. Compilation and publication of the NCAC is mandated by G.S. 150B-21.18.

The NCAC is available at no charge on the OAH website: http://reports.oah.state.nc.us/ncac.asp. OAH updates this website weekly. Loose leaf copies of rules are available by contacting the Office of Administrative Hearings, Rules Division, 6714 Mail Service Center, Raleigh, NC 27699-6714; phone: 919-431-3000; or email to: oah.postmaster@oah.nc.gov.

The Official North Carolina Administrative Code is available by subscription from ThomsonReuters and may be ordered directly from West Group by calling 1-800-762-5272, ordering from the online store at www.west.thomson.com, or by writing to:

ThomsonReuters
Post Office Box 64526
Eagan, MN 55164-0526

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NORTH CAROLINA ADMINISTRATIVE CODE
TITLE 26
OFFICE OF ADMINISTRATIVE HEARINGS
CHAPTER 2
RULES DIVISION


SUBCHAPTER 2C
SUBMISSION PROCEDURES FOR RULES AND OTHER DOCUMENTS

 

SECTION .0100 - GENERAL

.0101 SCOPE
.0102 DEFINITIONS
.0103 ORIGINAL AND DUPLICATE COPY
.0104 REPEALED
.0105 ELECTRONIC VERSION
.0106 REFUSAL OF PUBLICATION
.0107 RULE-MAKING COORDINATOR AND MAILING LIST
.0108 GENERAL FORMAT INSTRUCTIONS
.0109 CITATION TO AUTHORITIES
.0110 ILLUSTRATIONS/NOTES
.0111 WAIVER
.0112 REPEALED
.0113 AUTHORIZATION FOR SIGNATURE
.0114 AGENCY FINAL COPY
.0115 NOTIFICATION OF CONSULTATION

SECTION .0200 - CODIFICATION OF RULES

.0201 SCOPE
.0202 CODIFICATION SYSTEM
.0203 SUBCHAPTER SUBDIVISION
.0204 SECTION SUBDIVISION
.0205 RULE
.0206 RULE SUBDIVISION
.0207 LISTING WITHIN RULES

SECTION .0300 - THE NORTH CAROLINA REGISTER

.0301 SCOPE
.0302 SUBMISSION AND PUBLICATION SCHEDULE
.0303 AVAILABILITY OF THE NORTH CAROLINA REGISTER
.0304-.0305 REPEALED
.0306 PUBLICATION OF NOTICE OF TEXT
.0307 OTHER NOTICES FOR PUBLICATION
.0308 ELECTRONIC FILING

SECTION .0400 - NORTH CAROLINA ADMINISTRATIVE CODE

.0401 SCOPE AND AVAILABILITY
.0402 PUBLICATION OF A PERMANENT RULE
.0403 SUBMISSION FOR PERMANENT RULE FORM
.0404 INTRODUCTORY STATEMENT
.0405 BODY OF THE RULE
.0406 HISTORY NOTE
.0407 CHANGES TO RULE, SECTION OR CHAPTER NAMES AND HISTORY NOTES
.0408 RECODIFICATION OF RULES
.0409 TRANSFER OF RULES TO ANOTHER AGENCY
.0410 REPEALED

SECTION .0500 - TEMPORARY RULES

.0501 SCOPE
.0502 PUBLICATION OF A TEMPORARY RULE
.0503 TEMPORARY RULEMAKING FINDINGS OF NEED FORM
.0504 REPEALED

SECTION .0600 - EMERGENCY RULES

.0601 SCOPE
.0602 PUBLICATION OF AN EMERGENCY RULE
.0603 EMERGENCY RULE FINDINGS OF NEED FORM
.0604 APPEARANCE BY AGENCY

SECTION .0700 - PUBLICATION ON THE OAH WEBSITE

.0701 SCOPE
.0702 PUBLICATION OF A RULE ON THE OAH WEBSITE
.0703 PUBLICATION FORM