Section .0400 ‑ Rules: Petitions: Hearings

Link to law: http://reports.oah.state.nc.us/ncac/title 21 - occupational licensing boards and commissions/chapter 02 - architecture/21 ncac 02 .0401.html
Published: 2015

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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

following information:

(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

rule;

(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.