150B-21.8. Review of rule by Commission.
(a) Emergency Rule. - The Commission does not review an emergency rule.
(b) Temporary and Permanent Rules. - An agency must submit temporary and permanent rules adopted by it to the Commission before the rule can be included in the North Carolina Administrative Code. The Commission reviews a temporary or permanent rule in accordance with the standards in G.S. 150B-21.9 and follows the procedure in this Part in its review of a rule.
(c) Scope. - When the Commission reviews an amendment to a permanent rule, it may review the entire rule that is being amended. The procedure in G.S. 150B-21.12 applies when the Commission objects to a part of a permanent rule that is within its scope of review but is not changed by a rule amendment.
(d) Judicial Review. - When the Commission returns a permanent rule to an agency in accordance with G.S. 150B-21.12(d), the agency may file an action for declaratory judgment in Wake County Superior Court pursuant to Article 26 of Chapter 1 of the General Statutes. (1991, c. 418, s. 1; 2003-229, s. 8.)
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.