150B-21.7. Effect of transfer of duties or termination of agency on rules.
(a) When a law that authorizes an agency to adopt a rule is repealed and another law gives the same or another agency substantially the same authority to adopt a rule, the rule remains in effect until the agency with authority over the rule amends or repeals the rule. When a law that authorizes an agency to adopt a rule is repealed and another law does not give the same or another agency substantially the same authority to adopt a rule, a rule adopted under the repealed law is repealed as of the date the law is repealed. The agency that adopted the rule shall notify the Codifier of Rules that the rule is repealed pursuant to this subsection.
(b) When an executive order abolishes part or all of an agency and transfers a function of that agency to another agency, a rule concerning the transferred function remains in effect until the agency to which the function is transferred amends or repeals the rule. When an executive order abolishes part or all of an agency and does not transfer a function of that agency to another agency, a rule concerning a function abolished by the executive order is repealed as of the effective date of the executive order. The agency that adopted the rule shall notify the Codifier of Rules that the rule is repealed pursuant to this subsection.
(c) When notified of a rule repealed under this section, the Codifier of Rules must enter the repeal of the rule in the North Carolina Administrative Code. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 418, s. 1; 2013-143, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Chapter 150B - Administrative Procedure Act
§ 150B-19 - Restrictions on what can be adopted as a rule.
§ 150B-19.1 - Requirements for agencies in the rule-making process.
§ 150B-19.3 - Limitation on certain environmental rules.
§ 150B-20 - Petitioning an agency to adopt a rule.
§ 150B-21 - Agency must designate rule-making coordinator; duties of coordinator.
§ 150B-21.1 - Procedure for adopting a temporary rule.
§ 150B-21.1A - Adoption of an emergency rule.
§ 150B-21.1B - Expired pursuant to Session Laws 2009-475, s16, effective June 30, 2012.
§ 150B-21.2 - Procedure for adopting a permanent rule.
§ 150B-21.3 - Effective date of rules.
§ 150B-21.3A - Periodic review and expiration of existing rules.
§ 150B-21.4 - Fiscal and regulatory impact analysis on rules.
§ 150B-21.6 - Incorporating material in a rule by reference.
§ 150B-21.7 - Effect of transfer of duties or termination of agency on rules.
§ 150B-21.8 - Review of rule by Commission.
§ 150B-21.9 - Standards and timetable for review by Commission.
§ 150B-21.10 - Commission action on permanent rule.
§ 150B-21.11 - Procedure when Commission approves permanent rule.
§ 150B-21.12 - Procedure when Commission objects to a permanent rule.
§ 150B-21.13 - Procedure when Commission extends period for review of permanent rule.
§ 150B-21.14 - Public hearing on a rule.
§ 150B-21.17 - North Carolina Register.
§ 150B-21.18 - North Carolina Administrative Code.
§ 150B-21.19 - Requirements for including rule in Code.
§ 150B-21.20 - Codifier's authority to revise rules.
§ 150B-21.22 - Effect of inclusion in Code.
§ 150B-21.24 - Access to Register and Code.
§ 150B-21.25 - Paid copies of Register and Code.
§ 150B-21.27 - Minimizing the effects of rules on local budgets.
§ 150B-21.28 - Role of the Office of State Budget and Management.