§ 150B-21.12. Procedure when Commission objects to a permanent rule. - North Carolina Statutes

§ 150B‑21.12.  Procedure when Commission objectsto a permanent rule.

(a)        Action. – When the Commission objects to a permanent rule,it must send the agency that adopted the rule a written statement of theobjection and the reason for the objection. The agency that adopted the rulemust take one of the following actions:

(1)        Change the rule to satisfy the Commission's objection andsubmit the revised rule to the Commission.

(2)        Submit a written response to the Commission indicating thatthe agency has decided not to change the rule.

(b)        Time Limit. – An agency that is not a board or commissionmust take one of the actions listed in subsection (a) of this section within 30days after receiving the Commission's statement of objection. A board orcommission must take one of these actions within 30 days after receiving theCommission's statement of objection or within 10 days after the board orcommission's next regularly scheduled meeting, whichever comes later.

(c)        Changes. – When an agency changes a rule in response to anobjection by the Commission, the Commission must determine whether the changesatisfies the Commission's objection. If it does, the Commission must approvethe rule. If it does not, the Commission must send the agency a writtenstatement of the Commission's continued objection and the reason for thecontinued objection. The Commission must also determine whether the change issubstantial. In making this determination, the Commission shall use thestandards set forth in G.S. 150B‑21.2(g). If the change is substantial,the revised rule shall be published and reviewed in accordance with theprocedure set forth in G.S. 150B‑21.1(a3) and (b).

(d)        Return of Rule. – A rule to which the Commission hasobjected remains under review by the Commission until the agency that adoptedthe rule decides not to satisfy the Commission's objection and makes a writtenrequest to the Commission to return the rule to the agency. When the Commissionreturns a rule to which it has objected, it must notify the Codifier of Rulesof its action and must send a copy of the record of the Commission's review ofthe rule to the Joint Legislative Administrative Procedure Oversight Committeein its next report to that Committee. If the rule that is returned would haveincreased or decreased expenditures or revenues of a unit of local government,the Commission must also notify the Governor of its action and must send a copyof the record of the Commission's review of the rule to the Governor. Therecord of review consists of the rule, the Commission's letter of objection tothe rule, the agency's written response to the Commission's letter, and anyother relevant documents before the Commission when it decided to object to therule. (1991, c. 418, s. 1; 1995, c. 415, s. 5; c. 507, s.27.8(h), (y); 2003‑229, s. 10.)