North Carolina · statute · N.C. Gen. Stat. ch. 150B · 74 active provisions
Policy and scope. (a) Purpose. - This Chapter establishes a uniform system of administrative rulemaking and adjudicatory procedures for agencies. The procedures ensure that the functions of rulemaking, investigation, advocacy, and adjudication are not all performed by the same person in the administrative process. (b)…
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 this…
Special provisions on licensing. (a) When an applicant or a licensee makes a timely and sufficient application for issuance or renewal of a license or occupational license, including the payment of any required license fee, the existing license or occupational license does not expire until a decision on the application…
Declaratory rulings. (a) On request of a person aggrieved, an agency shall issue a declaratory ruling as to the validity of a rule or as to the applicability to a given state of facts of a statute administered by the agency or of a rule or order of the agency. Upon request, an agency shall also issue a declaratory ruli…
Scope and effect. This Article applies to an agency's exercise of its authority to adopt a rule. A rule is not valid unless it is adopted in substantial compliance with this Article. An agency shall not seek to implement or enforce against any person a policy, guideline, or other interpretive statement that meets the d…
Restrictions on what can be adopted as a rule. An agency may not adopt a rule that does one or more of the following: (1) Implements or interprets a law unless that law or another law specifically authorizes the agency to do so. (2) Enlarges the scope of a profession, occupation, or field of endeavor for which an occup…
Requirements for agencies in the rulemaking 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 i…
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…
Limitation on rules with substantial financial costs. (a) If an agency determines that a proposed permanent rule or set of rules will have a projected aggregate financial cost to all persons affected equal to or greater than one million dollars ($1,000,000) during any five-year period and the agency is a board, a commi…
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 rulemaking petition requesting the adoption. A person may submit written comments with a rulemaking petition. If a rulemaking petition requests the agency to create or amend a rul…
Agency must designate rulemaking coordinator; duties of coordinator. (a) Each agency must designate one or more rulemaking coordinators to oversee the agency's rulemaking functions. The coordinator shall serve as the liaison between the agency, other agencies, units of local government, and the public in the rulemaking…
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: (1) A seri…
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 the…
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 fi…
Effective date of rules. (a) Temporary and Emergency Rules. - A temporary rule or an emergency rule becomes effective on the date the Codifier of Rules enters the rule in the North Carolina Administrative Code. (b) Permanent Rule. - A permanent rule approved by the Commission becomes effective on the first day of the m…
Periodic review and expiration of existing rules. (a) Definitions. - For purposes of this section, the following definitions apply: (1) Commission. - Means the Rules Review Commission. (2) Committee. - Means the Joint Legislative Administrative Procedure Oversight Committee. (2a) Necessary rule. - Means any rule other…
Fiscal and regulatory impact analysis on rules. (a) State Funds. - Before an agency publishes in the North Carolina Register the proposed text of a permanent rule change that would require the expenditure or distribution of funds subject to the State Budget Act, Chapter 143C of the General Statutes, it must submit the…
Circumstances when notice and rulemaking 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 propo…
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 federa…
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 rule amends or repea…
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…
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 a…
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 deter…
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 loc…
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) Change t…