15A NCAC 03P .0303       PRESENTATION of rulemaking petitionS TO THE COMMISSION

(a)  A complete petition for rulemaking, as set forth in Rule .0301 of this Section, shall be presented to the Marine Fisheries Commission for its consideration and determination at the next regularly scheduled meeting of the Commission.

(b)  If the petition for rulemaking was reviewed by a Committee pursuant to Rule .0302 of this Section, the petition and the Committee's recommended action shall be presented through the Chair of the Committee or other designated member of the Committee during the business session of the Commission. Unless the Commission Chair rules otherwise, discussion on the petition shall be limited to the members of the Commission, legal counsel to the Commission, the Fisheries Director, Division of Marine Fisheries staff, legal counsel to the Department of Environmental Quality, the petitioner, and the petitioner's legal counsel.

(c)  For a petition not referred to a Committee, the Commission Chair shall allow one interested person to present the viewpoint of those who oppose initiating rulemaking. The Commission Chair may determine whether additional interested persons shall make oral presentations before the Commission. At least 10 days before the Commission meeting, interested persons shall request the opportunity to make a presentation to the Commission through the Commission Chair. 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.

(d)  Within 120 days following submission of the petition requesting rulemaking, the Marine Fisheries Commission shall:

(1)           grant the petition in writing, notify the petitioner in writing, and initiate rulemaking proceedings in accordance with G.S. 150B-20; or

(2)           deny the petition in writing, stating the reason or reasons for the denial, and send the written denial to the person or persons who submitted the petition.

History Note:        Authority G.S. 113‑134; 113-182; 143B-289.52; 150B-20;

Eff. April 1, 1999;

Readopted Eff. June 1 2022.