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ADMINISTRATIVE LAW:
Improve Rule-Making
Process
(H 1151) (SL 2003-229): This bill amends the procedure for state
agencies to adopt permanent and temporary rules under the
Administrative Procedures Act. The bill also creates a procedure
for adopting an emergency rule. The bill clarifies the role of the
Rules Review Commission and excludes the State Medical Facilities
Plan from the definition of a rule.
At least 30 days
prior to the adoption of a temporary rule an agency shall submit the
rule and notice of public hearing to the Codifier of Rules who shall
publish the proposed rule and a notice of public hearing on the
internet within 5 business days. The Codifier shall also notify
people on a list of interested persons and accept written comments
for at least 15 business days prior to adoption of the rule as well
as hold at least one public hearing no less than 5 days after the
rule and notice have been published.
The Rules Review
Commission (its designee may be a panel of at least 3 of its
members) will review the agency=s
request for a temporary rule and determine whether or not the rule
meets the statutory requirements. A negative ruling by the
Commission may be taken by the agency to the
Wake County Superior Court for declaratory judgment. A person
aggrieved by the temporary rule may file an action for a declaratory
judgment with the
Wake County
Superior Court as well.
The procedure
established for the adoption of an emergency rule is the same as the
current procedure for adopting a temporary rule. An agency is to
simultaneously begin the process for adopting a temporary rule at
the time they begin the process for adopting an emergency rule.
Changes to the
procedure for permanent rules include shortening the length of time
before a rule takes effect, reducing the threshold for
Asubstantial
economic impact@
from $5 million to $3 million which triggers a financial note
requirement, and allowing for review in the Wake County Superior
Court. If 10 people object to the rule, the rule must be eligible
for legislative review before becoming effective.
The act applies to
emergency and temporary rules adopted on or after July 1, 2003, and
to permanent rules adopted on or after October 1, 2003. Amendments
to N.C.G.S. 150B-21.9 (a1) (timetables) only apply to rules that are
governed by this act. |
