SUBCHAPTER 1B ‑ PROCEDURAL RULES
SECTION .0100 ‑ RULEMAKING PROCEDURES
07 NCAC 01B .0101 DEFINITIONS
The following definitions apply throughout Title 7, North
Carolina Administrative Code:
(1) Department ‑‑ the Department of
Cultural Resources, and any agency, division, commission, council, committee,
or board of that department;
(2) Secretary ‑‑ the Secretary of the
Department of Cultural Resources.
History Note: Authority G.S. 143B‑10;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. June 1, 1989.
07 NCAC 01B .0102 PETITIONS
(a) Any person may request a public hearing on the
adoption, amendment or repeal of a rule promulgated by the Department of
Cultural Resources by addressing a petition to the Office of the Secretary,
Department of Cultural Resources, 109 East Jones Street, Raleigh, N.C. 27611.
(b) The petition must contain the following information:
(1) name and address of each petitioner;
(2) a citation to any rule petitioner desires
to repeal or amend, a draft of the proposed rule or amendment, or a summary of
the major elements of a proposed rule;
(3) reasons for submitting the petition;
(4) any supporting data;
(5) anticipated effect of a proposed rule or
repeal of a rule on the petitioner and on existing practices in the area
involved, including cost factors if possible;
(6) names and addresses of others likely to be
affected by the proposed rule or repeal of a rule, if known.
(c) The Secretary will promptly forward petitions over
which he has no rulemaking authority to the Commission or other agency within
the Department which has authority to promulgate rules over the subject matter
of the petition.
(d) The Department may request further information
regarding the petition from the petitioner or from any other person.
(e) The petitioner will be notified in writing either that
the petition is denied or approved as provided for in G.S. 150B‑16.
History Note: Authority G.S. 143B‑10; 143B‑14;
150B‑16;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. June 1, 1989.
07 NCAC 01B .0103 NOTICE
Notice of a rulemaking hearing will include any deadlines by
which participants must submit written comments or return requests to make oral
statements at the hearing.
History Note: Authority G.S. 150B‑12; 150B‑14;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. June 1, 1989.
07 NCAC 01B .0104 MAILING LISTS
(a) Any person or agency may be placed on mailing lists for
department rulemaking notices by filing a request in writing, furnishing name
and mailing address to the Office of the Secretary, Department of Cultural Resources,
Raleigh, North Carolina 27611.
(b) The request must specify subject areas within the
rulemaking authority of the Department for which notice is requested.
(c) The Department employee who maintains the lists will
review them from time to time. He may write to any person on the lists and
inquire whether that person still wishes to receive notices of rulemaking
hearings. If no response is received, that person may be removed from the
lists.
(d) The Department may charge reasonable postage fees and
copying costs to persons on its mailing lists.
History Note: Authority G.S. 143B‑10; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. June 1, 1989.
07 NCAC 01B .0105 WRITTEN SUBMISSIONS
(a) Following notice of a rulemaking hearing, any person
may submit written data, views, or arguments regarding a proposed rule for
consideration by the Department. Submissions must include the person's name, address,
and interest in the proposed rule, and must clearly identify the rule with
which the comments are concerned. Unless otherwise designated in the
particular rulemaking notice, or unless an exemption is granted by the hearing
officer, written submissions:
(1) must not exceed the number of pages
designated in the notice;
(2) must be received no later than the day
scheduled for the hearing; and
(3) must be addressed to the hearing officer
designated in the notice.
(b) The hearing officer will acknowledge promptly receipt
of all written submissions.
History Note: Authority G.S. 143B‑10; 150B‑12;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. June 1, 1989.
07 NCAC 01B .0106 HEARINGS
(a) The Secretary, or the agency within the Department with
authority to promulgate rules in a given area, may designate an employee to
serve as the hearing officer for the Department's rulemaking proceedings.
(b) A notice of rulemaking may state that any person who
wishes to present oral data, views, or arguments at a rulemaking hearing must
submit a request to do so by a designated date. Failure to return a timely
request to speak will constitute waiver of the right to speak at a hearing.
This requirement may be waived by the hearing officer in his discretion.
(c) A request to make an oral presentation, if required,
must contain:
(1) the name of the person wishing to speak and
the name of any organization or group the person represents;
(2) a brief summary of the person's views on
the rule; and
(3) an estimate of the time needed for the
presentation.
(d) If time permits, the hearing officer will acknowledge
receipt of requests to speak, and will inform such persons of any limitations
on their participation in the hearing.
(e) The hearing officer will ensure that all differing view‑points
are represented fairly at the hearing. The hearing officer will have complete
control of the proceedings, including the power to:
(1) determine a reasonable time limit for
presentations;
(2) recognize persons wishing to speak;
(3) require large groups of persons who have
indicated similar views on the proposed rule to choose a representative to
speak for the group;
(4) choose a representative speaker for such
groups who are unorganized, or who can reach no consensus;
(5) limit or extend the time allotted to each
speaker;
(6) question speakers and direct the flow of
the discussion; and
(7) adjourn or continue the proceedings.
(f) Persons participating in the hearing are encouraged to
submit a copy of their remarks at the hearing.
History Note: Authority G.S. 150B‑12;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. June 1, 1989.
07 NCAC 01B .0107 STATEMENT OF REASONS FOR DECISION
(a) A request for a statement of the reasons for a
rulemaking decision by the Department must be submitted to the hearing officer
who conducted the hearing.
(b) For purposes of this Rule, an "interested
person" is any person who may have an interest in the rule in question.
(c) The request must be submitted prior to final action on
the rule or within 30 days after final action. The request must include:
(1) the person's name and address;
(2) identification of the rule or relevant
portion of it;
(3) statement of how the action affects the
petitioner;
(4) objections to the action, if any; and
(5) specific arguments urged for or against the
action which petitioner wants discussed.
History Note: Authority G.S. 150B‑12;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. June 1, 1989.
07 NCAC 01B .0108 RECORD OF RULEMAKING
(a) A record of all rulemaking proceedings, including any
petitions for rulemaking received by the Department, is available for
inspection during regular office hours at the Office of the Secretary,
Department of Cultural Resources, Raleigh, North Carolina 27611.
(b) This record will contain as much of the following
information as is appropriate: the original petition, reasons for denying a
hearing, the notice, all written memoranda and information submitted, a record
or summary of oral proceedings, the rule, and a concise justification of the
rulemaking decision.
History Note: Authority G.S. 150B‑12;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. June 1, 1989.
07 NCAC 01B .0109 EMERGENCY RULEMAKING
History Note: Authority G.S. 150A‑13; 143B‑10;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Repealed Eff. March 1, 1989 in accordance with G.S. 150B‑59(c).
07 NCAC 01B .0110 DECLARATORY RULINGS
(a) Requests for declaratory rulings must be made in
writing to the Office of the Secretary, Department of Cultural Resources,
Raleigh, North Carolina 27611. Such requests must include:
(1) the name and address of the petitioner;
(2) a citation to the rule or statute in
question;
(3) arguments or data which demonstrate that
the petitioner is aggrieved by the rule or statute or its potential application
to him; and
(4) consequences of a failure to issue a
declaratory ruling in favor of the petitioner;
(5) a statement of whether an oral hearing is
desired, and, if so, the reasons for requesting such an oral hearing.
(b) The Department may refuse to issue a declaratory ruling
if:
(1) Similar factual circumstances were specifically
considered in the rulemaking proceedings;
(2) There has been a similar determination in a
previous contested case or declaratory ruling; or
(3) There exists other good cause to refuse to
issue a ruling.
(c) Before deciding the merits of the request, the
Department may:
(1) request written submissions from any
person;
(2) consult with members of the Department
staff or any other person; or
(3) hold an informal oral hearing.
(d) Requests for declaratory rulings will be decided by the
Secretary, by any employee designated by the Secretary, or by the appropriate
agency of the Department.
(e) Within 60 days of receipt of the petitioner's request,
the petitioner will be sent either:
(1) written notification that the request for a
declaratory ruling is denied, including reasons for the denial; or
(2) written notification that the request is
approved and a copy of the ruling.
(f) A record of the declaratory ruling proceeding will be
maintained for public inspection at the Office of the Secretary of the
Department of Cultural Resources, Raleigh, North Carolina 27611. The record
will contain all submissions of the petitioner, other information considered, a
transcript or summary of any hearing, and either a statement of the reasons
denying the petition or the ruling.
History Note: Authority G.S. 143B‑14; 150B‑17;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Amended Eff. June 1, 1989.
SECTION .0200 ‑ CONTESTED CASE PROCEDURES
07 NCAC 01B .0201 DEFINITIONS
07 NCAC 01B .0202 REQUEST FOR AN ADMINISTRATIVE HEARING
07 NCAC 01B .0203 NOTICE
07 NCAC 01B .0204 WRITTEN ANSWERS TO NOTICE
07 NCAC 01B .0205 CHANGE OF VENUE
07 NCAC 01B .0206 HEARING OFFICER
07 NCAC 01B .0207 DISQUALIFICATION OR UNAVAILABILITY OF
HEARING OFFICER
07 NCAC 01B .0208 INTERVENTION
07 NCAC 01B .0209 SIMPLIFICATION OF ISSUES
07 NCAC 01B .0210 PREHEARING CONFERENCE
07 NCAC 01B .0211 ISSUANCE OF SUBPOENAS
07 NCAC 01B .0212 OBJECTION TO SUBPOENAS
07 NCAC 01B .0213 CONTINUANCES: ADJOURNMENTS
07 NCAC 01B .0214 PROPOSAL FOR DECISION
07 NCAC 01B .0215 ASSISTANCE OF COUNSEL
07 NCAC 01B .0216 REQUEST FOR TRANSCRIPT OF HEARING
07 NCAC 01B .0217 RECORD OF HEARING
History Note: Authority G.S. 140A‑24; 140A‑32;
143B‑10; 143B‑14; 150A‑2; 150A‑10; 150A‑11;
150A‑23; 150A‑25; 150A‑27; 150A‑31;
150A‑32; 150A‑33; 150A‑34; 150A‑37;
Eff. February 1, 1976;
Readopted Eff. December 1, 1977;
Repealed Eff. March 1, 1989 in accordance with G.S. 150B‑59(c).