Section .0100 ‑ Rule Making Procedures

Link to law: 10a - health and human services/chapter 01 - departmental rules/subchapter a/10a ncac 01a .0101.html
Published: 2015

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10A NCAC 01A .0101       PETITIONS

(a)  Any person wishing to request the adoption, amendment,

or repeal of a rule made by the Secretary of the Department of Human Resources

(hereinafter referred to as the Secretary) shall make his request in a petition

addressed to:


Staff Attorney for

Administrative Procedures

Department of Human


101 Blair Drive

Raleigh, North Carolina 27603


(b)  The petition shall contain the following information:

(1)           either a draft of the proposed rule or a

summary of its contents;

(2)           the statutory authority for the agency to

promulgate the rule;

(3)           the reasons for the proposal;

(4)           the effect on existing rules or orders;

(5)           any data supporting the proposal;

(6)           the effect of the proposed rule on existing

practices in the area involved, including cost factors;

(7)           the names and addresses, if known, of those

most likely to be affected by the proposed rule; and

(8)           the name and address of the petitioner.

(c)  The Secretary or his designee shall determine, based on

a study of the facts stated in the petition, whether the public interest will

be served by granting the petition. The Secretary or his designee shall

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

Secretary or his designee shall render a decision.  To deny the petition, the

Secretary or his designee shall notify the petitioner in writing, stating the

reasons for the denial. If the decision is to approve the petition, the

Secretary or his designee shall initiate a rule making proceeding by issuing a

rule making notice, as provided in these rules.


History Note:        Authority G.S. 143B‑10(j)(2); 150B‑16;

Eff. February 1, 1976;

Amended Eff. November 1, 1989; April 1, 1985.