chapter 01 – departmental rules

SECTION .0100 ‑ ORGANIZATION OF THE DEPARTMENT

03 NCAC 01 .0101             LOCATION

03 NCAC 01 .0102             GENERAL PURPOSES AND FUNCTIONS

03 NCAC 01 .0103             STATE AUDITOR

History Note:        Authority G.S. 143A-24; 147-64.1 through 147-64.14; 147-64.9;

Eff. February 1, 1976;

Amended Eff. October 1, 1983;

Rules Expired on July 17, 2014 for failure to report pursuant to G.S. 150B-21.3A.(b).

03 NCAC 01 .0104             AUDITOR AND SYSTEMS AREA

03 NCAC 01 .0105             ADMINISTRATION AREA

History Note:        Authority G.S. 147‑58;

Eff. February 1, 1976;

Repealed Eff. June 1, 1988.

SECTION .0200 ‑ GENERAL PROVISIONS

03 NCAC 01 .0201             DEFINITION

History Note:        Authority G.S. 147-64.9;

Eff. February 1, 1976;

Rule Expired on July 17, 2014 for failure to report pursuant to G.S. 150B-21.3A.(b).

03 NCAC 01 .0202             WORK PERFORMANCE STANDARD

03 NCAC 01 .0203             EMPLOYMENT AND EMPLOYEE RELATIONS

History Note:        Authority G.S. 147‑58;

Eff. February 1, 1976;

Repealed Eff. June 1, 1988.

Section .0300 – Petition for Rulemaking

03 NCAC 01 .0301             PETITIONS FOR RULEMAKING

(a)  Any person may request the adoption of a new rule, or the amendment or repeal of an existing rule promulgated by the Office of the State Auditor by addressing a petition to the Rulemaking Coordinator, Office of the State Auditor, 20601 Mail Service Center, Raleigh, N.C. 27699-0600.

(b)  The petition must be titled "Petition for Rulemaking" and contain the following information:

(1)           name, address and email address of each petitioner;

(2)           a citation to any rule petitioner desires to amend or repeal with either a draft of the proposed rule or amendment, or a summary of the major elements of a proposed rule.

(c)  The petition may contain the following information:

(1)           the reason for submitting the petition;

(2)           the anticipated cost factors;

(3)           any additional data supporting the petition.

(d)  Within 30 days of submission of the petition, the State Auditor, or deputy pursuant to G.S. 147-64.10, shall render a final decision. If the decision is to deny the petition, the petitioner shall be notified in writing, stating the reasons for the denial and refer to the appeal rights set forth in G.S. 150B-20(d). If the decision is to grant the petition, written notice of the decision shall be provided as set forth in G.S. 150B-20(c) and rulemaking proceedings shall be initiated.

History Note:        Authority G.S. 147-64.9; 150B-20;

Eff. June 1, 2022.