SUBCHAPTER 12D ‑ RULEMAKING AND ADMINISTRATIVE HEARINGS

 

04 NCAC 12D .0101         DELEGATION OF AUTHORITY FOR RULEMAKING HEARINGS

The Secretary of Commerce designates the Director of the Energy Division as the hearing officer to conduct rulemaking hearings in matters pertaining to rules and regulations of the Energy Division.

 

History Note:        Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Emergency Rule Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978;

Eff. July 3, 1978;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. October 3, 2017.

 

04 NCAC 12D .0102         PETITION FOR RULEMAKING HEARINGS

Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Secretary of Commerce shall address a petition to:  Director, Energy Division, North Carolina Department of Commerce, 430 North Salisbury Street, P.O. Box 25249, Raleigh, North Carolina 27611. The outside envelope containing the petition should clearly display the notation:  RULEMAKING PETITION RE and then the subject area or an indication of any other area over which the Secretary of Commerce may have rulemaking authority.

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978.

 

04 NCAC 12D .0103         CONTENTS OF PETITION

The petition should include the following information:

(1)           an indication of the subject areas to which the petition is directed;

(2)           either a draft of the proposed rule or a summary of its contents;

(3)           reasons for the proposal;

(4)           the effect on existing rules or orders;

(5)           any data supporting the proposal;

(6)           effect of the proposed rule on existing practices in the area involved, including cost factors;

(7)           names of those most likely to be affected by the proposed rule, with addresses if reasonably known;

(8)           name(s) and addresses(es) of petitioner(s).

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978.

 

04 NCAC 12D .0104         DISPOSITION OF PETITIONS

04 NCAC 12D .0105         TIMING OF NOTICE

04 NCAC 12D .0106         NOTICE MAILING LIST

04 NCAC 12D .0107         ADDITIONAL INFORMATION

04 NCAC 12D .0108         REQUEST TO PARTICIPATE

04 NCAC 12D .0109         CONTENTS OF REQUEST

04 NCAC 12D .0110         RECEIPT OF REQUEST: SPECIFIC TIME LIMITS

04 NCAC 12D .0111         WRITTEN SUBMISSIONS

04 NCAC 12D .0112         PRESIDING OFFICER; POWERS AND DUTIES

04 NCAC 12D .0113         STATEMENT OF REASONS FOR DECISION

04 NCAC 12D .0114         RECORD OF PROCEEDINGS

04 NCAC 12D .0115         SUBJECTS OF DECLARATORY RULINGS

 

History Note:        Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978;

Eff. July 3, 1978;

Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

 

04 NCAC 12D .0116         SUBMISSION OF REQUEST FOR RULING

All requests for declaratory rulings shall be directed to the Secretary of Commerce and mailed to the Director of the Energy Division, 430 N. Salisbury Street, P.O. Box 25249, Raleigh, North Carolina 27611. The outside envelope containing the request should display the notation: REQUEST FOR DECLARATORY RULING.  The request must include the following information:

(1)           name and address of petitioner;

(2)           statute or rule to which petition relates;

(3)           concise statement of the manner in which petitioner is aggrieved by the rule or statute or its potential application to him;

(4)           a statement of whether an oral hearing is desired, and if so, the reason therefor.

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978.

 

04 NCAC 12D .0117         DISPOSITION OF REQUESTS

(a)  When the Secretary of Commerce deems it appropriate to issue a declaratory ruling, he shall issue such declaratory ruling within 60 days of receipt of the petition.

(b)  A declaratory ruling proceeding may consist of written submissions, an oral hearing, or other procedure as may be appropriate in the circumstances of the particular request.

(c)  Whenever the secretary believes "for good cause" that the issuance of a declaratory ruling is undesirable, he may refuse to issue such ruling.  When good cause is deemed to exist, he will notify the petitioner of his decision in writing, stating the reasons for the denial of the declaratory ruling.

(d)  For purposes of Subpart (c) of this Rule, the Secretary of Commerce will ordinarily refuse to issue a declaratory ruling:

(1)           unless the petitioner shows that the circumstances are so changed since the adoption of the rule that such a ruling would be warranted;

(2)           unless the petitioner shows that the agency did not give to the factors specified in the request for a declaratory ruling a full consideration at the time the rule was issued;

(3)           where there has been a similar controlling factor determination in a contested case, or where the factual context being raised for a declaratory ruling was specifically considered upon the adoption of the rule or directive being questioned, as evidenced by the rulemaking record;

(4)           where the subject matter of the request is involved in pending litigation in any state or federal court in North Carolina.

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978.

 

04 NCAC 12D .0118         RECORD OF DECISION

04 NCAC 12D .0119         DEFINITION

 

History Note:        Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978;

Eff. July 3, 1978;

Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.

 

04 NCAC 12D .0120         RIGHT TO ADMINISTRATIVE HEARING IN A CONTESTED CASE

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 150B‑23; 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0121         REQUEST FOR ADMINISTRATIVE HEARING IN A CONTESTED CASE

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0122         GRANTING OR DENYING HEARING REQUESTS

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0123         NOTICE OF HEARING

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0124         WHO SHALL HEAR CONTESTED CASES

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑30; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0125         PETITION FOR INTERVENTION

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0126         TYPES OF INTERVENTION

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0127         DISQUALIFICATION OF HEARING OFFICERS

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0128         FAILURE TO APPEAR

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0129         SIMPLIFICATION OF ISSUES

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0130         SUBPOENAS

 

History Note:        Filed as an Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on

July 3, 1978;

Statutory Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Made Permanent Eff. July 3, 1978;

Repealed Eff. July 16, 1988 in accordance with G.S. 150B‑59(c).

 

04 NCAC 12D .0131         FINAL DECISIONS IN ADMINISTRATIVE HEARINGS

 

History Note:        Authority G.S. 143B‑429; 143B‑430; 143B‑431; 143B‑449;

Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978;

Eff. July 3, 1978;

Expired Eff. November 1, 2017 pursuant to G.S. 150B-21.3A.