SUBCHAPTER 23E – ADMINISTRATIVE RULES OF THE INDUSTRIAL COMMISSION

SECTION .0100 – ADMINISTRATION

11 NCAC 23E .0101          INSTRUCTIONS FOR FILING A PETITION FOR RULE-MAKING

(a)  Any person may petition the Commission to adopt a new rule, or amend or repeal an existing rule by submitting a rule-making petition to the Commission at 1240 Mail Service Center, Raleigh, NC 27699-1240. The petition must be titled "Petition for Rule-making" and must include the following information:

(1)           the name and address of the person submitting the petition;

(2)           a citation to any rule for which an amendment or repeal is requested;

(3)           a draft of any proposed rule or amended rule;

(4)           an explanation of why the new rule or amendment or repeal of an existing rule is requested and the effect of the new rule, amendment, or repeal on the procedures of the Commission; and

(5)           any other information the person submitting the petition considers relevant.

(b)  The Commission must decide whether to grant or deny a petition for rule-making within 120 days of receiving the petition. In making the decision, the Commission shall consider the information submitted with the petition and any other relevant information.

(c)  When the Commission denies a petition for rule-making, a written notice of the denial must be sent to the person who submitted the request. The notice must state the reason for the denial. When the Commission grants a rule-making petition, the Commission must initiate rule-making proceedings and send written notice of the proceedings to the person who submitted the request.

History Note:        Authority G.S. 97-73; 150B-20;

Eff. January 1, 1996;

Amended Eff. July 1, 2014;

Recodified from 04 NCAC 10E .0101 Eff. June 1, 2018;

Amended Eff. April 1, 2020.