TITLE 26 – OFFICE OF ADMINISTRATIVE HEARINGS
CHAPTER 05 – RULES REVIEW COMMISSION
SECTION .0100 - GENERAL
26 NCAC 05 .0101 DEFINITIONS
As used in this Chapter the following terms have the
following meanings unless the context indicates otherwise:
(1) "Commission" or "RRC" means the
Rules Review Commission as established in G.S. 143B-30.1.
(2) "Objection letter" means any letter or
other written correspondence from the public pursuant to G.S. 150B-21.3(b2) objecting
to a rule and requesting review of the rule by the General Assembly filed with
the Rules Review Commission while the rule is under review by the Rules Review Commission.
(3) "Review" means the statutory "Part
3. Review by Commission" at G.S. 150B-21.8 and following including the RRC
action as set out in G.S. 150B-21.10.
(4) "Rewritten rules" mean rules that have
been revised in an attempt to satisfy an objection by the Commission.
(5) "Technical Changes" mean the changes made
by an agency to reply to a request from the Commission or its staff as set out
in G.S. 150B-21.10. Technical changes shall not result in a substantive change
in the meaning, interpretation, or application of a rule and include the
following categories of changes:
(a) Correcting errors of a general nature
(i) obvious typographical errors, misspellings,
punctuation, and grammatical errors;
(ii) preferred English or legal usage;
(iii) errors in complying with OAH or, perhaps,
statutory requirements that are not substantive errors; and
(iv) proof of compliance with the legally
(b) Correcting errors that would appear to be
substantive changes except that they do not change the intended or accepted
meaning, interpretation or application of the rule including:
(i) changing "should" or "will"
to "shall" or "must;"
(ii) clarifying the use of "approved;"
(iii) clarifying or correcting the use of "and,"
"or" or "and/or;"
(iv) clarifying or deleting commonly used
adjectives or adverbs such as "thoroughly," "clearly," "adequately,"
"appropriate," and "substantial;" and
(v) inserting substantive contents of a rule's
catchline (or title) into the rule itself.
(c) Requesting agencies to rewrite a rule,
paragraph, or portions of a rule to more clearly express the intent of the
agency when the meaning and application of the rule is known and understood.
(d) Acting on agencies' requests on behalf of
citizens or agency staff to clarify the intent, requirements, or prohibition of
a rule that would not result in a change in the rule's enforcement.
(e) Deleting or rewriting portions of rules that
are not necessary rather than raising objections.
History Note: Authority G.S. 143B-30.1;
Eff. August 1, 2008.