04 NCAC 06B .0301. PETITION FOR ADOPTION: AMENDMENT OR REPEAL OF RULES

(a)  Right to Petition.  Any interested person may petition the Administrator to promulgate, amend, or repeal an administrative rule.

(b)  Form of Petition.  The petition shall be in writing, signed by the petitioning party or parties and must include the address of the petitioning party.  In addition, the petition shall contain the following information:

(1)           a draft of the proposed rule, amendment or repeal or a summary thereof;

(2)           the reason(s) for the proposal;

(3)           the effect on existing rules or orders or both;

(4)           any data showing the probable effect of the proposal on existing practices in the area involved, including cost; and

(5)           the names of those most likely to be affected by the proposal with addresses if reasonably known.

(c)  Address for Petition.  Petitions shall be addressed to the Division at its mailing address.

(d)  Disposition of Petition.  Upon receipt of a petition, the Administrator shall make a study of the facts stated in the petition and any additional information he deems relevant.  The Administrator's disposition of the petition will be made in one of the following forms within 30 days of receipt of the petition:

(1)           a written denial of the proposal setting forth the reasons for the denial, or

(2)           a written communication to the petitioner indicating the Administrator's plan to initiate rulemaking procedures pursuant to G.S. 150B-21.2.

 

History Note:        Authority G.S. 54‑109.12; 150B-20; 150B-21.2;

Eff. June 1, 1990;

Amended Eff. March 1, 2013.