SECTION .0200 ‑ PETITIONS FOR RULEMAKING

15A NCAC 04E .0201      FORM AND CONTENT OF PETITION

(a)  Any person wishing to request the adoption, amendment, or repeal of a rule of the Commission shall make the request in a petition to the Commission addressed to the:

Director

Division of Energy, Mineral, and Land Resources

1612 Mail Service Center

Raleigh, North Carolina 27699-1612

(b)  The petition shall contain the following information:

(1)           the text of the proposed rule(s) for adoption or amendment;

(2)           a statement of the reasons for adoption or amendment of the proposed rule(s), or the repeal of an existing rule(s);

(3)           a statement of the effect on existing rules or orders; and

(4)           the name(s) and address(es) of the petitioner(s).

(c)  The petitioner may include the following information within the request:

(1)           the statutory authority for the agency to promulgate the rules(s);

(2)           a statement of the effect of the proposed rule(s) on existing practices in the area involved, including cost factors for persons affected by the proposed rule(s);

(3)           a statement explaining the computation of the cost factors;

(4)           a description, including the names and addresses, if known, of those most likely to be affected by the proposed rule(s); and

(5)           documents and data supporting the proposed rule(s).

(d)  Petitions that do not contain the information required by Paragraph (b) of this Rule shall be returned to the petitioner by the Director on behalf of the Commission.

(e)  In its review of the proposed rule, the Commission shall consider whether it has authority to adopt the rule; the effect of the proposed rule on existing rules, programs, and practices; probable costs and cost factors of the proposed rule; and the impact of the rule on the public and regulated entities.

History Note:        Authority G.S. 113A‑54; 150B-20;

Eff. March 14, 1980;

Amended Eff. November 1, 1984;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. February 2, 2016;

Amended Eff. April 1, 2020.