SECTION .0400 ‑ RULES: PETITIONS: HEARINGS
21 NCAC 02 .0401 RULE‑MAKING PETITIONS
(a) A person may petition the Board to adopt a new rule or
change or amend an existing rule by sending a rule‑making petition to the
Board at the Board's address set out in Rule .0101. The petition must be
titled "Petition for Rule‑making" and must include the
(1) the name and address of the person
submitting the petition;
(2) a citation to any rule for which a change
or repeal is requested;
(3) a draft of any proposed rule or amended
(4) an explanation of why the new rule,
amendment, or repeal is requested and the effects of the new rule, amendment,
or repeal on the Board's procedure or the persons regulated by the Board;
(5) any other information the person submitting
the petition considers relevant.
(b) The Board must decide whether to grant or deny a
petition for rule‑making within 120 days of receiving the petition. In
making its decision, the Board will consider the information submitted with the
petition and any other relevant information.
(c) When the Board denies a petition for rule‑making,
it must send written notice of the denial to the person who submitted the
request. The notice must state the reason for the denial. When the Board
grants a rule‑making petition, it must initiate rule‑making
proceedings and send written notice of the proceedings to the person who
submitted the request.
History Note: Authority G.S. 150B‑6;
Eff. February 1, 1976;
Readopted Eff. September 29, 1977;
Amended Eff. May 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. January 13, 2015.