SUBCHAPTER 01F ‑ PROCEDURAL RIGHTS
SECTION .0100 ‑ RULE‑MAKING PROCEDURES
20 NCAC 01F .0101 ESTABLISHMENT OF PROCEDURAL RIGHTS
The following rule‑making procedures are established for the Department of State Treasurer and are applicable to each division within the department unless a division has set out different rule‑making procedures in its own rules, within this Title.
History Note: Authority G.S. 143A‑31;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 01F .0102 CORRESPONDENCE
History Note: Authority G.S. 143A‑31;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016;
Repealed Eff. December 1, 2021.
20 NCAC 01F .0103 PETITIONING FOR RULE‑MAKING
20 NCAC 01F .0104 NOTICE OF RULE‑MAKING HEARING
20 NCAC 01F .0105 LOCATION OF HEARING
20 NCAC 01F .0106 ORAL PRESENTATION
20 NCAC 01F .0107 WRITTEN SUBMISSION
20 NCAC 01F .0108 PRESIDING OFFICER
20 NCAC 01F .0109 REQUEST FOR STATEMENT OF REASON
20 NCAC 01F .0110 RECORD OF PROCEEDINGS
History Note: Authority G.S. 143A‑31; 150B‑11; 150B‑12; 150B‑16; 116B‑42;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Amended Eff. July 1, 1987;
Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0111 PETITION FOR RULEMAKING
(a) All petitions requesting the adoption, amendment, or repeal of a rule shall be in writing and mailed to the attention of the Rulemaking Coordinator at the address specified in Rule 20 NCAC 01A .0101.
(b) The petition for rulemaking shall:
(1) contain the names and addresses of petitioners;
(2) identify the agency, board, or commission to whom the petition is directed for consideration; and
(3) for petitions to adopt or amend a rule, draft text of the proposed rule or amendment and a statement of the effect of the requested rule change.
(c) The petition may contain the following information:
(1) the reason for the proposal;
(2) anticipated cost factors; or
(3) any additional data supporting the petition.
(d) If the State Treasurer is the appropriate rulemaking body to consider the petition, within 30 days of submission of the petition, the State Treasurer, or deputy pursuant to G.S. 147-75, shall render a final decision. If the decision is to deny the petition, the petitioner shall be notified in writing, stating the reasons for the denial. If the decision is to grant the petition, written notice of the decision shall be provided as set forth in G.S. 150B-20(c) and rulemaking proceedings shall be initiated.
(e) If a board or commission within the Department of State Treasurer is the appropriate rulemaking body to consider the petition, the petition shall be forwarded to the chair of the board or commission. Within 120 days of submission of the petition, the board or commission shall render a final decision. If the decision is to deny the petition, the petitioner shall be notified by the board or commission in writing, stating the reasons for the denial. If the decision is to grant the petition, written notice of the decision shall be provided as set forth in G.S. 150B-20(c) and rulemaking proceedings shall be initiated.
History Note: Authority G.S. 150B-20;
Eff. December 1, 2021.
SECTION .0200 ‑ DECLARATORY RULINGS
20 NCAC 01F .0201 ESTABLISHMENT OF PROCEDURAL RIGHTS
The following declaratory ruling procedures are established for the Department of State Treasurer and are applicable to each division within the department, unless a division has set out different procedures concerning declaratory rulings in its own rules, within this Title.
History Note: Authority G.S. 143A‑31;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016.
20 NCAC 01F .0202 REQUESTS FOR RULING
History Note: Authority G.S. 150B‑17;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0203 FORM OF REQUESTS
20 NCAC 01F .0204 WHO MAKES RULING
History Note: Authority G.S. 150B‑17;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016;
Repealed Eff. December 1, 2021.
20 NCAC 01F .0205 REFUSAL
20 NCAC 01F .0206 ISSUANCE
History Note: Authority G.S. 150B‑17;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0207 RULING PROCEDURES
History Note: Authority G.S. 150B‑17;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 5, 2016;
Repealed Eff. December 1, 2021.
20 NCAC 01F .0208 DECLARATORY RULINGS
(a) All requests for declaratory rulings shall be in writing and mailed to the attention of the Rulemaking Coordinator at the address specified in Rule 20 NCAC 01A .0101.
(b) The request for declaratory ruling shall:
(1) contain the name and address of the requestor;
(2) identify the agency, board, or commission to whom the request is directed for consideration;
(3) identify the statute, rule, or order to which the request relates; and
(4) contain a statement of the manner in which the requestor is affected, or thinks that the requestor may be affected, by the statute, rule, or order and its application to the requestor.
(c) A decision to grant or deny a request for a declaratory ruling will be made by the State Treasurer, a deputy pursuant to G.S. 147-75, or board or commission within 30 days of receipt. The requestor shall be notified in writing of a decision to grant or deny the request.
(1) the request does not meet the requirements set forth in this Rule;
(2) a declaratory ruling has previously been issued on same or similar facts;
(3) a controlling decision has already been issued on same or similar facts in a contested case;
(4) the facts underlying the request were considered at the time of adoption of the rule; or
(5) the subject matter of the request is involved in pending litigation.
(e) If the request is granted, the State Treasurer, deputy, or appropriate board or commission shall issue a written ruling within 45 days of the decision to grant the request.
History Note: Authority G.S. 150B-4;
Eff. December 1, 2021.
SECTION .0300 ‑ CONTESTED CASE PROCEDURES
20 NCAC 01F .0301 PROCEDURES FOR CONTESTED CASES
History Note: Authority G.S. 143A‑31;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Amended Eff. August 1, 1988;
Expired Eff. May 1, 2016 pursuant to G.S. 150B-21.3A.
20 NCAC 01F .0302 REQUEST FOR A CONTESTED CASE HEARING
20 NCAC 01F .0303 NOTICE
20 NCAC 01F .0304 WAIVER OF OPPORTUNITY FOR A HEARING
20 NCAC 01F .0305 HEARING OFFICERS IN CONTESTED CASES: DISQUALIFICATIONS
20 NCAC 01F .0306 PLACE OF HEARING
20 NCAC 01F .0307 INTERVENTION
20 NCAC 01F .0308 FAILURE TO APPEAR
20 NCAC 01F .0309 WRITTEN ANSWERS TO NOTICE
20 NCAC 01F .0310 SIMPLIFICATION OF ISSUES
20 NCAC 01F .0311 SUBPOENAS
20 NCAC 01F .0312 DEPOSITIONS
20 NCAC 01F .0313 PROPOSAL FOR DECISION
20 NCAC 01F .0314 FINAL AGENCY DECISIONS
History Note: Authority G.S. 143A‑31; 150B‑23; 150B‑24; 150B‑25; 150B‑27; 150B‑28; 150B‑31; 150B‑32; 150B‑34; 150B‑36; 1A‑1, Rules 26‑33;
Eff. February 1, 1976;
Readopted Eff. September 15, 1977;
Repealed Eff. August 1, 1988.