10A NCAC 14A .0101. PETITIONS

(a)  Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Director of the Division of Health Service Regulation shall address the petition to the Director, Division of Health Service Regulation, 2701 Mail Service Center, Raleigh, North Carolina, 27699-2701.

(b)  The petition shall contain the following information:

(1)           either a draft of the proposed rule or a summary of its contents and the statutory authority for the agency to promulgate the rule;

(2)           reason for proposal;

(3)           effect on existing rules or orders;

(4)           any data supporting the proposal;

(5)           effect of the proposed rule on existing practices in the area involved, including cost factors, if known;

(6)           names of those most likely to be affected by the proposed rule, with addresses, if known;

(7)           name(s) and address(es) of petitioner(s).

(c)  The Director, based on a study of the facts stated in the petition, will determine whether the public interest will be served by granting the petition.  He will consider all the contents of the submitted petition, plus any additional information he deems relevant.

(d)  Within 30 days of submission of the petition, the Director will render a final decision.  If the decision is to deny the petition, the Director will notify the petitioner in writing, stating the reasons for the denial.  If the decision is to approve the petition, the Director will initiate a rulemaking proceeding by issuing a rulemaking notice, as provided in these rules.

 

History Note:        Authority G.S. 143B‑10; 150B‑20;

Eff. June 10, 1977;

Readopted Eff. December 1, 1977;

Amended Eff. November 1, 1989.