chapter 13 – NC medical care commission
subchapter 13A – executive committee
section .0100 – executive committee
10A NCAC 13A .0101 EXECUTIVE COMMITTEE
(a) There shall be an executive committee of the North
Carolina Medical Care Commission composed of five members of the commission in
addition to the chairman and vice‑chairman of the commission. Three
members shall be appointed by a vote of the commission at the December meeting
of each odd year and two members shall be appointed by the chairman of the
commission at the December meeting of each even year. No member of the
executive committee, except the chairman and vice‑chairman, shall serve
more than two two‑year terms in succession. The chairman and vice‑chairman
of the commission shall also be chairman and vice‑chairman of the
executive committee.
(b) The functions of the executive committee shall be to:
(1) transact business in behalf of the
commission, consistent with established policy, which in the opinion of the
chairman is of such urgency that action is required before the next regularly
scheduled commission meeting and the impact of the action would not justify the
convening of a special meeting of the commission;
(2) transact business in behalf of the
commission when a quorum is not obtained at any commission meeting for which
prior notice of at least ten days has been given;
(3) review periodically the activities of the
commission and the assignments and recommendations of the various committees
for the purpose of developing policy recommendations for commission
consideration.
(c) All actions of the executive committee shall be
reviewed at the next commission meeting and if disagreement is expressed by a
simple majority of the members present and voting at any commission meeting in
which a quorum is present, the functions of the executive committee shall be
suspended until resolved by later action of the commission.
(d) The initial approval of all projects under the Health
Care Facilities Finance Act must be given by a quorum of the full commission.
(e) A quorum of the executive committee shall consist of at
least four members of the executive committee.
History Note: Authority G.S. 131A‑4; 143B‑165;
143B‑166;
Eff. January 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive
public interest Eff. March 22, 2015.
SECTION .0200 ‑ RULEMAKING
10A NCAC 13A .0201 PETITIONS
(a) Any person wishing to submit a petition requesting the
adoption, amendment or repeal of a rule by the North Carolina Medical Care
Commission shall address the petition to Office of the Director, Division of
Health Service Regulation, 2701 Mail Service Center, Raleigh, North Carolina, 27699-2701.
(b) The petition shall contain the following information:
(1) either a draft of the proposed rule or a
summary of its contents and the statutory authority for the agency to
promulgate the rule;
(2) reason for proposal;
(3) effect on existing rules or orders;
(4) any data supporting the proposal;
(5) effect of the proposed rule on existing
practices in the area involved, including cost factors, if known;
(6) names of those most likely to be affected
by the proposed rule, with addresses, if known;
(7) name(s) and address(es) of petitioner(s).
(c) The Chairman of the Medical Care Commission will
determine, based on a study of the facts stated in the petition, whether the
public interest will be served by granting the petition. He will 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
Chairman will render a final decision. If the decision is to deny the petition,
the Chairman will notify the petitioner in writing, stating the reasons for the
denial. If the decision is to approve the petition, the Chairman will initiate
a rulemaking proceeding by issuing a rulemaking notice, as provided in these
rules.
History Note: Authority G.S. 143B‑165; 150B‑16;
Eff. February 1, 1976;
Readopted Eff. December 19, 1977;
Amended Eff. November 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. March 22, 2015.
10A NCAC 13A .0202 RULEMAKING PROCEDURES
(a) The rulemaking procedures for the Secretary of the
Department of Health and Human Services codified in 10A NCAC 01 are hereby
adopted by reference pursuant to G.S. 150B‑14(c) to apply to the actions
of the Commission, with the following modifications:
(1) Correspondence related to the Commission's
rulemaking actions shall be submitted to:
APA/Rule-making
Coordinator
Office of the
Director
Division of Health
Service Regulation
2701 Mail Service Center
Raleigh, North Carolina 27699-2701
(2) The Secretary's designee shall mean the
Director of the Division of Health Service Regulation (hereinafter referred to
as the Division).
(3) The "Division" shall be
substituted for the "Office of General Counsel" in 10A NCAC 01.
(4) "Hearing officer" shall mean the
Chairman of the Medical Care Commission or his designee.
(b) Copies of 10A NCAC 01 may be inspected in the Division
at the address shown in (a)(1) of this Rule. Copies may be obtained from the
Office of Administrative Hearings, 424 North Blount Street, Raleigh, North Carolina, 27601.
History Note: Authority G.S. 143B‑165; 150B‑11;
150B‑14;
Eff. November 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. March 22, 2015.
10A NCAC 13A .0203 DECLARATORY RULINGS
(a) The Commission shall have the power to make declaratory
rulings. All requests for declaratory rulings shall be written and submitted
to: Chairman, Medical Care Commission, 2701 Mail Service Center, Raleigh, North Carolina, 27699-2701.
(b) All requests for a declaratory ruling must include the
following information:
(1) name and address of the 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) the consequences of a failure to issue a
declaratory ruling.
(c) Whenever the Commission believes for good cause that
the issuance of a declaratory ruling will not serve the public interest, it may
refuse to issue one. When good cause is deemed to exist, the Commission will
notify the petitioner of the decision in writing stating reasons for the denial
of a declaratory ruling.
(d) The Commission may refuse to consider the validity of a
rule and therefore refuse to issue a declaratory ruling:
(1) unless the petitioner shows that the
circumstances are so changed since adoption of the rule that such a ruling
would be warranted;
(2) unless the rulemaking record evidences a
failure by the agency to consider specified relevant factors;
(3) if there has been similar controlling
factual determination in a contested case, or if the factual context being
raised for a declaratory ruling was specifically considered upon adoption of
the rule being questioned as evidence by the rulemaking record;
(4) if circumstances stated in the request or
otherwise known to the agency show that a contested case hearing would
presently be appropriate.
(e) Where a declaratory ruling is deemed to be in the
public interest, the Commission will issue the ruling within 60 days of receipt
of the petition.
(f) A declaratory ruling procedure may consist of written
submissions, oral hearings, or such other procedure as may be appropriate in a
particular case.
(g) The Commission may issue notice to persons who might be
affected by the ruling that written comments may be submitted or oral
presentations received at a scheduled hearing.
(h) A record of all declaratory ruling procedures will be
maintained for as long as the ruling has validity. This record will contain:
(1) the original request,
(2) reasons for refusing to issue a ruling,
(3) all written memoranda and information
submitted,
(4) any written minutes or audio tape or other
record of the oral hearing, and
(5) a statement of the ruling.
This record will be maintained in a file at the Director's
office at Division of Health Service Regulation, 2701 Mail Service Center, Raleigh, North Carolina, 27699-2701 and will be available for public
inspection during regular office hours.
History Note: Authority G.S. 143B‑165; 150B‑11;
150B‑17;
Eff. November 1, 1989;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. March 22, 2015.