21 NCAC 32A .0115         PETITION FOR RULE-MAKING

(a)  Any person submitting a petition to adopt, amend, or repeal a rule by the Board shall address a petition to the Board's Rule Making Coordinator at the office address in 21 NCAC 32A .0101.

(1)           The petition shall contain the following:

(A)          for petitions to adopt or amend a rule, a draft of the proposed rule or amendment;

(B)          a statement of the effect of the requested rule change, including any effect of the new rule on existing rules; and

(C)          the name and address of the petitioner.

(2)           The petition may contain the following:

(A)          the reason for the proposal; or

(B)          any data supporting the rule proposal.

(b)  Within 120 days of submission of the petition, the Board shall render a final decision. If the decision is to grant the petition, the Board shall initiate a rule-making proceeding by issuing a notice as provided for in G.S. 150B-20(c). If the decision is to deny the petition, the Board shall send the petitioner written notice of the decision. The notice shall state the reasons for denying the petition and refer to the appeal rights set forth in G.S. 150B-20(d).

History Note:        Authority G.S. 90-5.1; 150B-20;

Eff. December 1, 2022.