15A NCAC 02I .0502        REVIEW BY A COMMITTEE OF THE COMMISSION

(a)  The Chair of the Commission may refer complete petitions to the appropriate subject area Committee of the Commission for review and recommended action. Copies of petitions for rulemaking shall be distributed to the Commission members when referred to a Committee of the Commission.

(b)  Within 10 days of the assignment of the complete petition, the Chair of the Committee assigned to review a submitted petition for rulemaking shall announce the date of a meeting to consider the petition.

(c)  At least 15 days before the Committee meeting, notice of the Committee meeting shall be sent to the petitioner, members of the Commission, and persons who have requested notice of petitions for rulemaking.

(d)  If the petition is referred to a Committee, the petitioner shall be afforded the opportunity to present the petition for rulemaking to the Committee. The Director, division staff or their legal counsel may make a presentation to the Committee.

(e)  The Chair of the Committee shall allow one interested person to present the viewpoint of those who oppose initiating rulemaking. The Chair of the Committee may determine whether additional interested persons shall make oral presentations before the Committee.

(f)  At least 10 days before the Committee meeting, interested persons shall request the opportunity to make a presentation to the Committee through the Director. The request shall:

(1)           state the interest of the person;

(2)           state the person's position on the petition for rulemaking; and

(3)           be accompanied by supporting materials.

(g)  During the Committee's review, members of the Commission, other than Committee members, who are present may participate as a member of the Committee in discussions of the petition but may not vote on the recommended action on the petition.

History Note:        Authority G.S. 143B‑282; 150B‑20;

Eff. April 1, 2003;

Readopted Eff. February 1, 2021.