§ 150B-20. Petitioning an agency to adopt a rule.
§ 150B‑20. Petitioning an agency to adopt arule.
(a) Petition. A person may petition an agency to adopt a ruleby submitting to the agency a written rule‑making petition requesting theadoption. A person may submit written comments with a rule‑making petition.If a rule‑making petition requests the agency to create or amend a rule,the person must submit the proposed text of the requested rule change and astatement of the effect of the requested rule change. Each agency mustestablish by rule the procedure for submitting a rule‑making petition toit and the procedure the agency follows in considering a rule‑makingpetition.
(b) Time. An agency must grant or deny a rule‑makingpetition submitted to it within 30 days after the date the rule‑makingpetition is submitted, unless the agency is a board or commission. If theagency is a board or commission, it must grant or deny a rule‑makingpetition within 120 days after the date the rule‑making petition issubmitted.
(c) Action. If an agency denies a rule‑making petition,it must send the person who submitted the petition a written statement of thereasons for denying the petition. If an agency grants a rule‑makingpetition, it must inform the person who submitted the rule‑makingpetition of its decision and must initiate rule‑making proceedings. Whenan agency grants a rule‑making petition, the notice of text it publishesin the North Carolina Register may state that the agency is initiating rulemaking as the result of a rule‑making petition and state the name of theperson who submitted the rule‑making petition. If the rule‑makingpetition requested the creation or amendment of a rule, the notice of text theagency publishes may set out the text of the requested rule change submittedwith the rule‑making petition and state whether the agency endorses theproposed text.
(d) Review. Denial of a rule‑making petition is a finalagency decision and is subject to judicial review under Article 4 of thisChapter. Failure of an agency to grant or deny a rule‑making petitionwithin the time limits set in subsection (b) is a denial of the rule‑makingpetition.
(e) Repealed by Session Laws 1996, Second Extra Session, c. 18,s. 7.10(b). (1973, c. 1331, s. 1;1985, c. 746, s. 1; 1991, c. 418, s. 1; c. 477, s. 2; 1996, 2nd Ex. Sess., c.18, s. 7.10(b); 1997‑34, s. 2; 2003‑229, s. 1.)