21 NCAC 34A .0107. REQUESTS FOR PROMULGATION: AMENDMENT OR REPEAL

For the purpose of dealing with a petition of any person requesting an agency to adopt a rule, pursuant to G.S. 150B-20, the following procedures shall apply:

(1)           The petition shall be in writing and dated and verified by the petitioner and shall be submitted in person or by mail to the office of the Board.

(2)           The petition shall contain the name and address of the petitioner; his license number or numbers if licensed by the Board; his current employment; a description of the existing rule sought to be amended or repealed; a statement of the proposed rule or amendment to a rule; an argument in support of the petition; and a statement of how the proposed rule, amendment or repeal of a rule would affect the petitioner, if at all.

(3)           Within the time limits prescribed by G.S. 150B-20 the Board shall meet, at which meeting at least a quorum of its members shall be present, to consider the petition.  At such meeting the Board shall decide, by majority vote of those present, whether to deny the petition or to initiate rule‑making proceedings in accordance with G.S. 150B-21.1, G.S. 150B-21.1A, and G.S. 150B-21.2.  Rule‑making shall be initiated if the Board concludes, based on a study of the facts involved, that the public interest will be served thereby.  The Board shall consider all of the contents of the submitted petition, plus any additional information it deems relevant.  The Board shall, within the time limits prescribed by G.S. 150B-20, deposit in the United States mail, postage prepaid, a written statement addressed to the petitioner informing him as to whether the Board denied or approved the petition.  If the decision is to deny the petition, such written statement shall include the Board's reasons for the denial.  If the decision is to approve the petition, the Board shall proceed to issue notices of proposed rule‑making within the time limits prescribed by G.S. 150B-20.

 

History Note:        Authority G.S. 90‑210.23(a); 150B‑20;

Eff. February 1, 1976;

Readopted Eff. September 27, 1977;

Amended Eff. July 1, 2004; August 1, 1988.