26 NCAC 05 .0104. SUBMISSION OF WRITTEN COMMENTS CONCERNING TEMPORARY RULES TO THE RRC

(a)  Any person desiring to submit written comments concerning a temporary rule shall submit the comments to the individual commissioners and two copies (unless submitted by email in which case one copy is sufficient) to the RRC staff prior to or at the RRC meeting or RRC designee meeting at which the temporary rule shall be reviewed.

(b)  Written submissions shall specify how a rule either complies with or fails to comply with the statutory grounds for the RRC's review set out in G.S. 150B-21.1 and G.S. 150B-21.9.

(c)  Persons submitting comments shall also submit a copy of the comments at the same time and in the same manner to the agency rulemaking coordinator.

(d)  A person or agency may submit rebuttal comments to comments concerning temporary rules.

(e)  Any comments and rebuttal comments shall be submitted in the same manner as set out in Paragraph (a) up to 5:00 p.m. of the business day before the RRC meeting or designee meeting at which the rule is to be reviewed or the person or agency may submit the comments at the meeting.

(f)  Any person submitting written comments or rebuttal comments shall submit at the meeting sufficient copies for all the members attending, commission counsel, agency rulemaking coordinator, and the permanent record, a maximum of 14 copies.

(g)  The Chair may waive the requirements of this Rule based on the factors in Rule .0112 of this Chapter.

(h)  Written comments not submitted in accordance with this Rule are subject to being excluded from the record by the Commission.

(i)  The RRC staff shall maintain a list of commissioners and rulemaking coordinators with their contact information.

 

History Note:        Authority G.S. 143B-30.1;

Eff. August 1, 2008.