CHAPTER 01 – OFFICE OF THE SECRETARY
SUBCHAPTER 01A ‑ PROCEDURE
SECTION .0100 ‑ RULE MAKING PROCEDURES
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
Resources
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.