§ 150B-21.7. Effect of transfer of duties or termination of agency on rules. - North Carolina Statutes

§ 150B‑21.7. Effect of transfer of duties or termination of agency on rules.

When a law that authorizes an agency to adopt a rule is repealed andanother law gives the same or another agency substantially the same authorityto adopt a rule, the rule remains in effect until the agency amends or repealsthe rule.  When a law that authorizes an agency to adopt a rule is repealed andanother law does not give the same or another agency substantially the sameauthority to adopt a rule, a rule adopted under the repealed law is repealed asof the date the law is repealed.

When an executive order abolishes part or all of an agency andtransfers a function of that agency to another agency, a rule concerning thetransferred function remains in effect until the agency to which the functionis transferred amends or repeals the rule.  When an executive order abolishespart or all of an agency and does not transfer a function of that agency toanother agency, a rule concerning a function abolished by the executive order isrepealed as of the effective date of the executive order.

The Director of Fiscal Research of the General Assembly must notify theCodifier of Rules when a rule is repealed under this section.  When notified ofa rule repealed under this section, the Codifier of Rules must enter the repealof the rule in the North Carolina Administrative Code. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c.418, s. 1.)