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Office of Administrative Hearings Reports for Departmental Rules

NORTH CAROLINA DEPARTMENT OF JUSTICE
NOTICE OF PERIODIC REVIEW AND EXPIRATION OF EXISTING RULES
 
In the 2013 legislative session, the General Assembly enacted Session Law 2013-413. This law established G.S. 150B-21.3A, “Periodic Review and Expiration of Existing Rules.” This statute requires the Rules Review Commission (“Commission”) to establish a process and schedule for those covered agencies to ensure compliance with the law. This schedule and process requires agencies to review all of their active rules codified in the NC Administrative Code (“the Code”) every 10 years.

For more information on the Periodic Rule Review Process, please click here [http://www.ncoah.com/rules/H74PeriodicReviewandExpirationofRules.html]

Each agency must conduct an analysis of each existing rule and make an initial determination as to whether the rule is:

(1) “Necessary with substantive public interest,” generally meaning the rule is needed but there are known or suspected concerns about it from the public;
(2) “Necessary without substantive public interest,” generally meaning the rule is needed and there is no known concerns from the public; or
(3) “Unnecessary,” meaning the agency determined the rule is obsolete, redundant or otherwise no longer needed. The North Carolina Department of Justice has conducted an analysis of the rule codified in Title 12, Chapter 02.  The initial rule determination is contained in the report listed below:
 
 
The North Carolina Department of Justice invites the public to comment on the rules and the initial determinations. The comment period will begin on November 1, 2017, and close at 5:00 pm on Tuesday, January 2, 2018. Comments should be submitted to the following:

Whitney Belich, Assistant Attorney General
N.C. Department of Justice
P.O. Box 629
114 W. Edenton Street
Raleigh, NC 27602-0629
wbelich@ncdoj.gov 
 
“Public comment” is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a).