.0401 PETITIONS FOR ADOPTION OF RULES

1. General. The procedure for petitioning the Board of Examiners to adopt, amend or appeal a rule is governed by G.S. 150B-16.
2. Submission. Rule-making petitions shall be sent to the secretary of the board. No special form is required, but the petitioner shall state his name and address. There are no minimum mandatory contents of a petition, but the board considers the following information to be pertinent:
   1. a draft of the proposed rule;
   2. the reason for its proposal;
   3. the effect of the proposed rule on existing rules or decisions;
   4. data supporting the proposed rule;
   5. practices likely to be affected by the proposed rule;
   6. persons likely to be affected by the proposed rule.
3. Disposition. The secretary shall review the petition and develop a recommendation as to whether the petitioner's proposed rule should be rejected or implemented. The secretary shall present the petition and his recommendation to the board at its next regular meeting following receipt of the petition, and the board shall render its decision to either deny the petition or initiate rule-making. The board shall notify the petitioner of its decision in writing within the 120-day period set by G.S. 150B-16.

History Note:

Statutory Authority G.S. 90-142; 150B-16;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988.

.0402 DISPOSITION OF PETITIONS

History Note:

Statutory Authority G.S. 90-142; 150A-16;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.

.0403 PROCEDURE FOR ADOPTION OF RULES

1. General. The procedure for the adoption, amendment or repeal of a rule is governed by G.S. 150B-12.
2. Notice of Rule-Making. In addition to the mandatory publication of notice in the North Carolina Register, the board, in its discretion, may also publish notice through its newsletter to licentiates or by separate mailing. Any person who wishes to receive individual notice shall file a written request with the secretary and shall be responsible for the cost of mailing said notice.
3. Public Hearing. Any public rule-making hearing required by G.S. 150B-12 shall be conducted by the President of the Board or by any person he may delegate. The presiding officer shall have complete control of the hearing and shall conduct the hearing so as to provide a reasonable opportunity for any interested person to present views, data and comments.
   1. Oral presentations shall not exceed 15 minutes unless the presiding officer, in his discretion, prescribes a greater time limit.
   2. Written presentations shall be acknowledged by the presiding officer and shall be given the same consideration as oral presentations.

History Note:

Statutory Authority G.S. 150B-12;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988.

.0404 HEARING

History Note:

Statutory Authority G.S. 150A-12;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Repealed Eff. December 1, 1988.

.0405 TEMPORARY RULES

The power of the Board of Examiners to adopt temporary rules and the procedure by which such rules are put into effect are governed by G.S. 150B-13.

History Note:

Statutory Authority G.S. 150B-13;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988.

.0406 DECLARATORY RULINGS

1. General. The issuance of declaratory rulings by the Board of Examiners is governed by G.S. 150B-17.
2. Request for Declaratory Ruling: Contents. A request for a declaratory ruling shall be in writing and addressed to the secretary. The request shall contain the following information:
   1. The name and address of the person making the request;
   2. The statute or rule to which the request relates;
   3. A concise statement of the manner in which the person has been aggrieved by the statute or rule;
   4. A statement as to whether a hearing is desired, and if desired, the reason therefor.
3. Refusal to Issue Ruling. The board shall ordinarily refuse to issue a declaratory ruling under the following circumstances:
   1. When the board has already made a controlling decision on substantially similar facts in a contested case;
   2. When the facts underlying the request for a ruling were specifically considered at the time of the adoption of the rule in question;
   3. When the subject matter of the request is involved in pending litigation in North Carolina.

History Note:

Legislative Objection Lodged Eff. January 31, 1983;
Curative Amended Eff. February 28, 1983;
Statutory Authority G.S. 150B-17;
Eff. February 1, 1976;
Readopted Eff. January 27, 1978;
Amended Eff. December 1, 1988; January 1, 1983.