§ 150B-21.1B. (Expires June 30, 2012) Adoption of rules to implement the American Recovery and Reinvestment Act.
§ 150B‑21.1B. (ExpiresJune 30, 2012) Adoption of rules to implement the American Recovery andReinvestment Act.
(a) Purpose. Thissection establishes an expedited procedure for the adoption of new or theamendment of existing rules implementing the American Recovery and ReinvestmentAct of 2009 (ARRA) (Public Law 111‑5), including any federal rules,regulations, policies, guidance, or goals for the implementation of the ARRA.It is the policy of the State to provide fair regulation, oversight, and transparencyfor the use of ARRA funds and to quickly and efficiently complete the awards ofgrants and contracts under the ARRA. The provisions of this section shall beliberally construed to allow agencies maximum flexibility in implementing theARRA.
(b) Adoption. Anagency may adopt a rule under this section by using the procedure for adoptionof an emergency rule set forth in G.S. 150B‑21.1A(a) and (b). Theprovision in subsection (a) of G.S. 150B‑21.1A that requires a finding ofa serious or unforeseen threat to public health or safety shall not apply torules adopted under this section. In lieu of the written statement of itsfindings of need as provided in subsection (b) of G.S. 150B‑21.1A, theagency must prepare a written statement of its findings that the rule is neededto implement the ARRA. The emergency rule becomes effective when it is enteredinto the North Carolina Administrative Code. When an agency adopts an emergencyrule under this section, the agency must simultaneously commence the processfor adopting a temporary rule by submitting the rule to the Codifier of Rulesfor publication on the Internet in accordance with G.S. 150B‑21.1(a3).For purposes of this section, all references to business days in G.S. 150B‑21.1(a3)shall be deemed to be calendar days. If the agency receives written commentobjecting to the temporary rule, the temporary rule shall be reviewed inaccordance with subsection (c) of this section. If the agency receives nowritten comment objecting to the temporary rule, the agency shall deliver therule to the Codifier of Rules. The Codifier of Rules shall enter the temporaryrule into the North Carolina Administrative Code on the sixth business dayafter receipt of the rule, and the temporary rule becomes effective upon entry intothe Code.
(c) Review. If theagency receives written objection to the temporary rule, the agency must submitthe temporary rule and a written statement of its findings that the rule isneeded to implement the ARRA to the Director of the Office of Economic Recoveryand Investment (Director). The Director shall have 14 calendar days to reviewthe statement and the rule to determine whether the rule meets the followingcriteria:
(1) It is within theauthority delegated to the agency by the General Assembly.
(2) It is clear andunambiguous.
(3) It is reasonablynecessary to implement or interpret an enactment of the General Assembly orCongress, including the ARRA and any federal rules, regulations, policies,guidance, or goals for the implementation of the ARRA. The Director shallconsider the cumulative effect of all rules adopted by the agency related tothe specific purpose for which the rule is proposed.
(4) It was adopted inaccordance with this section.
If the Director finds that thetemporary rule meets all of the criteria set forth in this subsection, theDirector shall deliver the rule to the Codifier of Rules for entry into theNorth Carolina Administrative Code. If the Director finds that the temporaryrule fails to meet any of the criteria set forth in this subsection, theDirector shall return the rule to the agency with a statement of the Director'sobjections. The agency may change the rule to satisfy the Director's objectionsand submit the revised rule to the Director. If the agency fails to satisfy theDirector's objections, the rule shall not be entered in the North CarolinaAdministrative Code. If the Director fails to make a final finding within 14calendar days of receipt of the statement and rule, the rule shall not beentered in the North Carolina Administrative Code.
(d) Emergency RuleExpiration Date. An emergency rule adopted in accordance with this sectionexpires on the earliest of the following dates:
(1) The date specifiedin the rule.
(2) The effective dateof the temporary rule adopted to replace the emergency rule, if the Directorapproves the temporary rule.
(3) The date theDirector returns to an agency a temporary rule adopted to replace the emergencyrule, if the agency fails to satisfy the Director's objections.
(4) Sixty days from thedate the emergency rule was published in the North Carolina Register, unlessthe temporary rule adopted to replace the emergency rule has been submitted tothe Codifier of Rules.
(e) Temporary RuleExpiration Date. A temporary rule adopted in accordance with this sectionexpires on the earliest of the following dates:
(1) The date specifiedin the rule.
(2) The effective dateof a permanent rule adopted in accordance with G.S. 150B‑21.2 to replacethe temporary rule.
(3) June 30, 2012.
(f) The Director'sdetermination that a temporary rule meets the criteria set forth in subsection(c) of this section and that the rule is required by ARRA is a final agencydecision and may be reviewed in accordance with Article 4 of this Chapter. (2009‑475, s. 3.)