21 NCAC 10 .0401. PETITIONS FOR ADOPTION OF RULES

(a)  General.  The procedure for petitioning the Board of Examiners to adopt, amend or appeal a rule is governed by G.S. 150B‑16.

(b)  Submission.  Rule‑making petitions shall be sent to the secretary of the Board.  No special form is required, but the petitioner shall state his name and address.  There are no minimum mandatory contents of a petition, but the Board considers the following information to be pertinent:

(1)           a draft of the proposed rule;

(2)           the reason for its proposal;

(3)           the effect of the proposed rule on existing rules or decisions;

(4)           data supporting the proposed rule;

(5)           practices likely to be affected by the proposed rule;

(6)           persons likely to be affected by the proposed rule.

(c)  Disposition.  The secretary shall review the petition and develop a recommendation as to whether the petitioner's proposed rule should be rejected or implemented.  The secretary shall present the petition and his recommendation to the Board at its next regular meeting following receipt of the petition, and the Board shall render its decision to either deny the petition or initiate rule‑making.  The Board shall notify the petitioner of its decision in writing within the 120‑day period set by G.S. 150B‑16.

 

History Note:        Authority G.S. 90‑142; 150B‑16;

Eff. February 1, 1976;

Readopted Eff. January 27, 1978;

Amended Eff. December 1, 1988.