SUBCHAPTER 4E ‑ RULEMAKING PROCEDURES
SECTION .0100 ‑ GENERAL PROVISIONS
15A NCAC 04E .0101 GENERAL PURPOSE
Rules at 15A NCAC 1B .0100 are adopted by reference and with
the rules of this Subchapter shall govern rule‑making hearings conducted
under the purview of the commission.
History Note: Authority G.S. 113A‑54; 113A‑55;
150B;
Eff. March 14, 1980;
Amended Eff. November 1, 1984.
15A NCAC 04E .0102 DEFINITIONS
As used in this Subchapter:
(1) "Commission" means the North Carolina
Sedimentation Control Commission.
(2) "Director" means the Director of the Division
of Energy, Mineral, and Land Resources of the Department of Environment,
Health, and Natural Resources.
History Note: Authority G.S. 113A‑54; 113A‑55;
Eff. March 14, 1980;
Amended Eff. August 1, 2012 (see S.L. 2012-143, s.1.(f));
May 1, 1990.
15A NCAC 04E .0103 ADDRESS
History Note: Authority G.S. 113A‑54;
Eff. March 14, 1980;
Repealed Eff. November 1, 1984.
15A NCAC 04E .0104 COPIES OF RULES: INSPECTION
(a) Anyone desiring to obtain a copy of any or all of the
rules of the commission may do so by requesting such from the director at the
address of the commission as set forth at Rule .0001 of Subchapter A of this
Chapter. The request must specify the rules requested, for example, 15A NCAC
4, Sedimentation Control, or 15A NCAC 4E, Rulemaking Procedures. The director
may charge reasonable fees to recover mailing and duplication costs for
requests of more than one copy of the same rule(s).
(b) The rules of the commission (15A NCAC 4) and other
documents specified in G.S. 150B‑11 are available for public inspection
at the Office of the Director (P.O. Box 27687, 512 N. Salisbury Street,
Raleigh, N.C. 27611) during regular office hours.
History Note: Authority G.S. 113A‑54; 113A‑55;
150B‑11;
Eff. March 14, 1980;
Amended Eff. August 1, 1988; November 1, 1984.
15A NCAC 04E .0105 DELEGATIONS OF AUTHORITY TO THE DIRECTOR
History Note: Authority G.S. 113A‑54; 113A‑55;
150B;
Eff. March 14, 1980;
Amended Eff. November 1, 1984; June 5, 1981;
Repealed Eff. August 1, 1988.
SECTION .0200 ‑ PETITIONS FOR RULEMAKING
15A NCAC 04E .0201 PETITION FOR RULEMAKING HEARINGS
Any person wishing to submit a petition requesting the
adoption, amendment, or repeal of a rule by the commission shall forward the
petition to the director at the address of the commission in Rule .0001 of
Subchapter A of this Chapter. The first page of the petition should clearly
bear the notation: RULEMAKING PETITION RE and then the subject area (for
example, RE PLAN REQUIREMENTS, RE PENALTIES, RE INSPECTIONS) or an indication
of any other area over which the commission may have rulemaking authority.
History Note: Authority G.S. 113A‑54; 150B‑16;
Eff. March 14, 1980;
Amended Eff. November 1, 1984.
15A NCAC 04E .0202 CONTENTS OF PETITION
History Note: Authority G.S. 113A‑54; 150B‑16;
Eff. March 14, 1980;
Repealed Eff. November 1, 1984.
15A NCAC 04E .0203 DISPOSITION OF PETITIONS
(a) The director will determine whether the petition
contains sufficient information for the commission to determine whether the
public interest will be served by granting the request. The director may
request additional information from the petitioner(s), he may contact
interested persons or persons likely to be affected by the proposed rule and
request comments, and he may use any other appropriate method for obtaining
additional information.
(b) The commission will render a decision within 30 days
after the petition is submitted. If the decision is to grant the petition, the
director, within 30 days of submission, will initiate a rulemaking proceeding.
If the decision is to deny the petition, the director will notify the
petitioner(s) in writing, stating the reasons therefor.
(c) If the commission is not scheduled to meet within 30
days of submission of a petition the director may either:
(1) accept the petition and initiate a
rulemaking proceeding; or
(2) Ask the chairman of the commission to call
a special meeting of the commission so that a decision can be made by the
commission within the 30 day time period required by 150B‑16 and in
accordance with the procedures set out in (b) of this Rule.
History Note: Authority G.S. 113A‑54; 113A‑55;
150B‑16;
Eff. March 14, 1980;
Amended Eff. August 1, 1988; November 1, 1984; June 5,
1981.
SECTION .0300 ‑ NOTICE OF RULEMAKING HEARINGS
15A NCAC 04E .0301 TIMING OF NOTICE
History Note: Authority G.S. 113A‑54; 150B‑12;
Eff. March 14, 1980;
Repealed Eff. November 1, 1984.
15A NCAC 04E .0302 NOTICE MAILING LIST
History Note: Authority G.S. 113A‑54; 150B‑12(b);
Eff. March 14, 1980;
Amended Eff. November 1, 1984;
Repealed Eff. August 1, 1988.
15A NCAC 04E .0303 ADDITIONAL INFORMATION
History Note: Authority G.S. 113A‑54; 150B‑12;
Eff. March 14, 1980;
Repealed Eff. November 1, 1984.
SECTION .0400 ‑ RULEMAKING HEARINGS
15A NCAC 04E .0401 REQUEST TO PARTICIPATE
15A NCAC 04E .0402 CONTENTS OF REQUEST: GENERAL TIME
LIMITATIONS
History Note: Authority G.S. 113A‑54; 150B‑12(d),(e);
Eff. March 14, 1980;
Repealed Eff. November 1, 1984.
15A NCAC 04E .0403 WRITTEN SUBMISSIONS
(a) Any person may file a written submission containing
data, comments, or arguments after distribution or publication of a rulemaking
notice until the day of the hearing, unless a longer period has been prescribed
in the notice or granted upon request. These written comments should be sent
to the director at the address of the commission.
(b) The first page of any written submission shall clearly
identify the rulemaking proceeding or proposed rule to which the comments are
addressed and include a statement of the position of the person making the
submission (for example, "In support of adopting proposed Rule
.0000," "In opposition to adopting proposed Rule .0000").
(c) Upon receipt of written comments, acknowledgment will
be made with an assurance that the comments therein will be considered fully by
the commission.
History Note: Authority G.S. 113A‑54; 150B‑12(e);
Eff. March 14, 1980;
Amended Eff. June 5, 1981.
15A NCAC 04E .0404 PRESIDING OFFICER: POWERS AND DUTIES
History Note: Authority G.S. 113A‑54; 150B‑12;
Eff. March 14, 1980;
Repealed Eff. November 1, 1984.
15A NCAC 04E .0405 STATEMENT OF REASONS FOR DECISION
(a) Any interested person desiring a concise statement of
the principal reasons for and against the adoption of a rule by the commission
and the factors that led to overruling the considerations urged for or against
its adoption may submit a request to the director of the address of the
commission.
(b) The request must be made in writing and submitted prior
to adoption of the rule or within 30 days thereafter.
History Note: Authority G.S. 113A‑54; 150B‑12(e);
Eff. March 14, 1980.
15A NCAC 04E .0406 RECORD OF PROCEEDINGS
A record of all rulemaking proceedings will be maintained by
the director for as long as the rule is in effect, and for five years
thereafter, following filing with the Office of Administrative Hearings.
Record of rulemaking proceedings will be available for public inspection during
the hours of 8:30 AM to 5:30 PM on workdays.
History Note: Authority G.S. 113A‑54; 150B‑11(2);
Eff. March 14, 1980;
Amended Eff. August 1, 1988; November 1, 1984.
SECTION .0500 ‑ DECLARATORY RULINGS
15A NCAC 04E .0501 SUBJECTS OF DECLARATORY RULINGS
Any person aggrieved by a statute administered or rule
promulgated by the commission may request a declaratory ruling as to either the
manner in which a statute or rule applies to a given factual situation, if at
all, or whether a particular agency rule is valid. For purposes of this
Section, an aggrieved person means a person substantially affected by a statute
administered by the commission or a rule promulgated by the commission.
History Note: Authority G.S. 113A‑54; 150B‑17;
Eff. March 14, 1980.
15A NCAC 04E .0502 SUBMISSION OF REQUEST FOR RULING
All requests for declaratory rulings shall be written and
mailed to the director at the address of the commission. The first page of the
request should bear the notation: REQUEST FOR DECLARATORY RULING. The request
must include the following information:
(1) name and address of petitioner;
(2) statute or rule to which petition relates;
(3) concise statement of the manner in which petitioner
is aggrieved by the rule or statute or its potential application to him;
(4) a statement of whether an oral hearing is desired
and, if so, the reason therefor.
History Note: Authority G.S. 113A‑54; 150B‑17;
Eff. March 14, 1980.
15A NCAC 04E .0503 DISPOSITION OF REQUESTS
(a) Upon receiving a request, the director is authorized to
initiate a declaratory ruling proceeding to receive information concerning the
request. A declaratory ruling proceeding may consist of written submissions,
an oral hearing, or other procedures as may be appropriate in the circumstances
of the particular request. If the proceeding takes the form of an oral hearing
the director may direct that the proceeding take place before the commission.
(b) The director will compile the information collected in
the proceeding, along with other relevant information, in a recommendation to
the commission on whether to issue the ruling and what the ruling should be.
(c) A decision whether to issue the ruling will be made by
the commission at the next regularly scheduled meeting of the commission within
the 60 day period required by 150B‑17 and after the director's
recommendation is presented. If no meeting is scheduled within that time
period, the director will ask the chairman of the commission to call a special
meeting so that the commission can comply with the requirements of G.S. 150B‑17.
(d) If the decision of the commission is to issue the
ruling, the ruling will be issued by the commission with the 60 day period
required by G.S. 150B‑17. If necessary, the chairman of the commission
will call a special meeting so that the commission can comply with this
requirement.
(e) If the decision of the commission is to deny the
request, the director will notify the petitioner(s) in writing stating the
reasons therefor.
(f) For purposes of this Rule, the commission will
ordinarily refuse to issue a declaratory ruling:
(1) unless the rule is unclear on its face;
(2) unless the petitioner shows that the
circumstances are so changed since the adoption of the rule that such a ruling
would be warranted;
(3) unless the petitioner shows that the agency
did not give to the factors specified in the request for a declaratory ruling a
full consideration at the time the rule was issued;
(4) where there has been a similar controlling
factual determination in a contested case or where the factual context being
raised for a declaratory ruling was specifically considered upon the adoption
of the rule or directive being questioned, as evidenced by the rulemaking
record; or
(5) where the subject matter of the request is
involved in pending litigation in any state or federal court in North Carolina.
History Note: Authority G.S. 113A‑54; 113A‑55;
150B‑17;
Eff. March 14, 1980;
Amended Eff. August 1, 1988; June 5, 1981.
15A NCAC 04E .0504 RECORD OF DECISION
A record of all declaratory rulemaking proceedings will be
maintained in the director's office for as long as the ruling is in effect and
for five years thereafter. This record will contain: the petition, the notice,
all written submissions filed in the request, whether filed by the petitioner
or any other person, and a record or summary of oral presentations, if any.
Records of declaratory rulemaking proceedings will be available for public
inspection during the regular office hours of the director.
History Note: Authority G.S. 113A‑54; 150B‑11;
Eff. March 14, 1980.
