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

including:

(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

required process.

(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.