SECTION
.0400 ‑ Rules: Petitions: Hearings
.0401 Rule‑Making
Petitions
(a)
A person may petition the Board to adopt a new rule or change or amend an
existing rule by sending a rule‑making petition to the Board at the
Board's address set out in Rule .0101 of this Chapter. The petition must be
titled "Petition for Rule‑making" and must include the
following information:
(1)
the name and address of the person submitting the
petition;
(2)
a citation to any rule for which a change or repeal is
requested;
(3)
a draft of any proposed rule or amended rule;
(4)
an explanation of why the new rule, amendment, or
repeal is requested and the effects of the new rule, amendment, or repeal on
the Board's procedure or the persons regulated by the Board;
(5)
any other information the person submitting the
petition considers relevant.
(b)
The Board must decide whether to grant or deny a petition for rule‑making
within 120 days of receiving the petition. In making its decision, the Board
will consider the information submitted with the petition and any other
relevant information.
(c) When the Board denies a petition for rule‑making,
it must send written notice of the denial to the person who submitted the
request. The notice must state the reason for the denial. When the Board grants
a rule‑making petition, it must initiate rule‑making proceedings
and send written notice of the proceedings to the person who submitted the
request.
History Note: Authority
Eff.
Readopted Eff.
Amended Eff.
.0402 Noice of Rule‑Making Hearings
Upon a determination to hold a rule‑making
proceeding, either in response to a petition or otherwise, the Board shall give
notice to all interested persons pursuant to the procedure established in
Article 2 of Chapter 150B of the North Carolina General Statutes.
History Note: Authority G.S. 90‑185;
150B‑12;
Eff.
Readopted Eff.
Amended Eff.
.0403 Notice
Mailing List
Any
person desiring to be placed on the mailing list for Board rule‑making
notices may file such request in writing, furnishing his name and mailing
address to the Board. The letter of request should state those subject areas
within the authority of the Board for which the person wants notice. The Board
may require reasonable postage and stationery costs to be paid by a person who
is mailed a rule‑making notice.
History Note: Authority
Eff.
Readopted Eff.
Amended Eff.
.0404 Submission of Data
Any
person desiring to present data, views or arguments on a proposed rule must
comply with the statement of procedure as contained in the Notice of Hearing
for the rule. Any person desiring to make an oral presentation to the Board
prior to or at the hearing is encouraged to submit a written copy of the
presentation to the Board prior to or at the hearing.
History Note: Authority G.S. 90‑185;
150B‑12;
Eff.
Readopted Eff.
Amended Eff.
.0405 Presiding
Officer: Powers and Duties
The
presiding officer at a rule‑making hearing shall have complete control of
the proceedings, including recognition of the speakers, time allotments for
presentations, the right to question speakers, direction of the discussion and
management of the hearing. The presiding officer, at all times, will take care
that each person participating in the hearing is given a fair opportunity to
present views, data and comments. The presiding officer shall conduct the rule‑making
hearing pursuant to the procedure established in Article 2 of Chapter 150B of
the North Carolina General Statutes.
History Note: Authority
Eff.
Readopted Eff.
Amended Eff.
.0406 Record of Proceedings
A
record of all rule‑making proceedings will be maintained in the Board
office for as long as the rule is in effect. This record shall contain: the
original petition (if any), the notice, all written comments submitted, any
statement of explanation made to an interested party, and the minutes of the
proceedings.
History Note: Authority
Eff.
Readopted Eff.
Amended Eff.
.0407 Request to Participate
.0408
Contents of Request: General Time Limitations
.0409
Receipt of Request: Specific Time Limits
.0410
Written Submissions
.0411
Presiding Officer: Power and Duties
.0412
Statement of Reasons for Decision
.0413
Record of Proceedings
.0414
Emergency Rules
History Note: Authority
Eff.
Readopted Eff.
Repealed Eff.
General Statutes Table of
Contents
Administrative Code Table of
Contents