10A NCAC 09 .2001. PETITIONS FOR RULEMAKING

(a)  Any person wishing to request the adoption, amendment, or repeal of a rule made by the Child Care Commission (hereinafter referred to as the Commission) shall make the request in a written petition to:

 

Administrative Procedures Coordinator

Division of Child Development

2201 Mail Service Center

Raleigh, North Carolina  27699-2201

 

(b)  The petition shall contain either a draft of the proposed rule or a summary of its contents, the reasons for the proposal, and the name and address of the petitioner.  The petition shall also include any of the following items known to the petitioner:

(1)           the statutory authority for the Commission to promulgate the rule;

(2)           the effect on existing rules;

(3)           any data supporting the proposal;

(4)           the effect of the proposed rule on existing practices in the area involved, including cost factors; and

(5)           the names and addresses of those most likely to be affected by the proposed rule.

(c)  The Division Director or designee shall present the petition, plus any additional information or recommendations deemed relevant, to the Commission to determine whether the public interest will be served by granting the petition.

(d)  The Commission shall render a decision as to whether to deny or approve the petition at its next scheduled meeting, which may be no later than 120 days after submission of the petition.  If the decision is to deny the petition, the Division Director or designee shall notify the petitioner in writing, stating the reasons for the denial.  If the decision is to approve the petition, the Commission shall initiate a rulemaking proceeding by issuing a rulemaking notice, as provided in these rules.

 

History Note:        Authority G.S. 143B‑168.3; 150B‑16;

Eff. November 1, 1989.