15A NCAC 05H .0502      REVIEW BY A COMMITTEE OF THE COMMISSION

(a)  The Chair of the Commission shall refer complete petitions to the appropriate subject area committee of the Commission for review and recommended action.  The Chair of the Commission shall distribute copies of petitions for rulemaking to all members of the committee of the Commission.

(b)  Within 10 days of the assignment of the petition, the Chair of the committee assigned to review the submitted petition 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 rulemaking.

(d)  The petitioner shall be afforded the opportunity to present the petition to the committee in accordance with Rule .0501(b)(6) of this Section.  The Director, through staff, 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 shall determine whether additional interested persons are permitted to make oral presentations before the committee.  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 in the petition for rulemaking;

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

(3)           be accompanied by any supporting materials.

(f)  During the committee review, members of the Commission who are not on the committee may participate as a member of the committee in discussions of the petition but shall not vote on the recommended action on the petition.

History Note:        Authority G.S. 143B-293.1; 150B-20;

Eff. March 17, 2015.