4 N.C. Admin. Code 12D.0102

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

Section 12D .0102 - SUBMISSION AND CONTENTS OF PETITION FOR RULEMAKING

(a) Any person wishing to submit a petition requesting the adoption, amendment, or repeal of a rule by the State Energy Office, within the Department of Environmental Quality shall petition the State Energy Director by submitting the information required in Paragraph (b) of this Rule. The petitioner shall send the petition in accordance with Rule .0101 of this Section.

(b) The petition shall contain the following information:

(1) the text of the proposed rule(s) for adoption or amendment;

(2) a statement of the reasons for the adoption of a proposed rule(s), amendment or repeal of existing rule(s);

(3) a statement of the effect on existing rules or orders;

(4) any documents and data supporting the proposed rule(s);

(5) the name(s) and addresses(es) of petitioner(s); and

(6) a request to present the petition to the hearing officers in accordance with Rule .0101 of this Section, if desired.

(c) The petitioner may include the following information within the request:

(1) the statutory authority for the agency to promulgate the rule(s);

(2) a statement of the effect of the proposed rule(s) on existing practices in the area involved, including cost factors for persons affected by the proposed rule(s);

(3) a statement explaining the computation of the costs factors; and

(4) a description, including the names and addresses, if known, of those most likely to be affected by the proposed rule(s).

(d) The State Energy Director shall return petitions that do not contain the information required by Paragraph (b) of this Rule to the petitioner.

04 N.C. Admin. Code 12D .0102

Authority G.S. 143-58.4(c); 143B-344.44(b)(3); 150B-20;
Emergency Regulation Eff. March 6, 1978, for a period of 120 days to expire on July 3, 1978;
Eff. July 3, 1978;
Readopted Eff. April 1, 2021.

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.

Readopted by North Carolina Register Volume 35, Issue 21, May 3, 2021 effective 4/1/2021.