§ 150B-21.9. Standards and timetable for review by Commission.
§ 150B‑21.9. Standards and timetable for reviewby Commission.
(a) Standards. The Commission must determine whether a rulemeets all of the following criteria:
(1) It is within the authority delegated to the agency by theGeneral Assembly.
(2) It is clear and unambiguous.
(3) It is reasonably necessary to implement or interpret anenactment of the General Assembly, or of Congress, or a regulation of a federalagency. The Commission shall consider the cumulative effect of all rulesadopted by the agency related to the specific purpose for which the rule isproposed.
(4) It was adopted in accordance with Part 2 of this Article.
The Commission shall not consider questions relating to the quality orefficacy of the rule but shall restrict its review to determination of thestandards set forth in this subsection.
The Commission may ask the Office of State Budget and Management todetermine if a rule has a substantial economic impact and is therefore requiredto have a fiscal note. The Commission must ask the Office of State Budget andManagement to make this determination if a fiscal note was not prepared for arule and the Commission receives a written request for a determination ofwhether the rule has a substantial economic impact.
(a1) Entry of a rule in the North Carolina Administrative Codeafter review by the Commission creates a rebuttable presumption that the rulewas adopted in accordance with Part 2 of this Article.
(b) Timetable. The Commission must review a permanent rulesubmitted to it on or before the twentieth of a month by the last day of thenext month. The Commission must review a rule submitted to it after thetwentieth of a month by the last day of the second subsequent month. TheCommission must review a temporary rule in accordance with the timetable andprocedure set forth in G.S. 150B‑21.1. (1991, c. 418, s. 1; 1995, c. 507, s. 27.8(f); 2000‑140, s.93.1(a); 2001‑424, s. 12.2(b); 2003‑229, s. 9.)