14B NCAC 01B .0103. DISPOSITION OF PETITIONS

(a)  The secretary shall designate a member of his department to determine whether the public interest will be served by granting the request.  Prior to making this determination, the secretary's designee may request additional information from the petitioner(s); he may contact interested persons or persons likely to be affected by the proposed rule and request comments; he may use any other appropriate method for obtaining information on which to base his determination.  He will consider all of the contents of the petition submitted plus any other information obtained by the means described herein.

(b)  The designated officer will make a recommendation to the secretary for the institution of rulemaking proceedings or for the denial of the petition, as the case may be.

(c)  Within 30 days of submission of the petition, a final decision will be rendered by the Secretary of the Department of Crime Control and Public Safety.  If the decision is to deny the petition, the secretary will notify the petitioner in writing, stating the reasons therefore.  If the decision is to grant the petition, the secretary, within 30 days of submission, will initiate a rulemaking proceeding by issuing a rulemaking notice, as provided in Rule .0201 of this Subchapter.

 

History Note:        Authority G.S. 150B-16;

Eff. February 1, 1976;

Amended Eff. December 1, 1979;

Transferred from 14A NCAC 01B .0103 Eff. June 1, 2013.