§ 150B-21.8. Review of rule by Commission. - North Carolina Statutes

Part3. Review by Commission.

§ 150B‑21.8.  Review of rule by Commission.

(a)        Emergency Rule. – The Commission does not review anemergency rule.

(b)        Temporary and Permanent Rules. – An agency must submittemporary and permanent rules adopted by it to the Commission before the rulecan be included in the North Carolina Administrative Code. The Commissionreviews a temporary or permanent rule in accordance with the standards in G.S.150B‑21.9 and follows the procedure in this Part in its review of a rule.

(c)        Scope. – When the Commission reviews an amendment to apermanent rule, it may review the entire rule that is being amended. Theprocedure in G.S. 150B‑21.12 applies when the Commission objects to apart of a permanent rule that is within its scope of review but is not changedby a rule amendment.

(d)        Judicial Review. – When the Commission returns a permanentrule to an agency in accordance with G.S. 150B‑21.12(d), the agency mayfile an action for declaratory judgment in Wake County Superior Court pursuantto Article 26 of Chapter 1 of the General Statutes. (1991, c. 418, s. 1; 2003‑229, s. 8.)