26 N.C. Admin. Code 5.0205

Current through Register Vol. 39, No. 9, November 1, 2024

Section 05 .0205 - AGENCY REQUEST TO RESCHEDULE REPORTS FOR EARLIER REVIEW AND ADD UNNECESSARY RULES TO THE SCHEDULE

(a) If an agency wishes to reschedule a report for review before the date set forth in Rule .0211 of this Section, the agency shall send a written request to the Commission. The request shall contain:

(1) the Title and Chapter of the Report;

(2) the reason for the request;

(3) if the report was already posted, a copy of the report and any public comments received;

(4) the date the report was originally scheduled for review; and

(5) the date that the agency seeks for Commission review.

(b) An agency seeking earlier review shall, on the date of submission of the request to the Commission, post notice on its website and notify its interested persons mailing list maintained pursuant to G.S. 150B-21.2(d) of the meeting date on which the Commission will review its request as set forth in Paragraph (e) of this Rule. The notice shall also inform the public that the individuals may contact the Commission to object to the rescheduling.

(c) The Commission's decision to grant the request for earlier review shall be made on a case-by-case basis, considering the following:

(1) the reason offered by the agency;

(2) the workload of the Commission; and

(3) arguments against the rescheduling by members of the public.

(d) If an agency designates a rule as unnecessary and places it on the current year schedule as set forth in G.S. 150B-21.3A(e), it shall file written notice of this designation with the Commission. The Commission shall consider the notice at its next regularly scheduled meeting.

(e) For any requests made pursuant to this Rule, the Commission shall consider a request filed on or before the 15th day of the month at its meeting the next month and shall then place the rule or rules on the schedule. Following the Commission's decision, the Commission shall notify the agency of the date the agency is required to submit the report.

26 N.C. Admin. Code 05 .0205

Authority G.S. 150B-21.3A;
Eff. April 1, 2014;
Amended Eff. December 1, 2016.

Authority G.S. 150B-21.3A;
Eff. 4/1/2014;
Amended Eff. 12/1/2016.