150B-21.9. Standards and timetable for review by Commission.
(a) Standards. - The Commission must determine whether a rule meets all of the following criteria:
(1) It is within the authority delegated to the agency by the General Assembly.
(2) It is clear and unambiguous.
(3) It is reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency. The Commission shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed.
(4) It was adopted in accordance with Part 2 of this Article.
The Commission shall not consider questions relating to the quality or efficacy of the rule but shall restrict its review to determination of the standards set forth in this subsection.
The Commission may ask the Office of State Budget and Management to determine if a rule has a substantial economic impact and is therefore required to have a fiscal note. The Commission must ask the Office of State Budget and Management to make this determination if a fiscal note was not prepared for a rule and the Commission receives a written request for a determination of whether the rule has a substantial economic impact.
(a1) Entry of a rule in the North Carolina Administrative Code after review by the Commission creates a rebuttable presumption that the rule was adopted in accordance with Part 2 of this Article.
(b) Timetable. - The Commission must review a permanent rule submitted to it on or before the twentieth of a month by the last day of the next month. The Commission must review a rule submitted to it after the twentieth of a month by the last day of the second subsequent month. The Commission must review a temporary rule in accordance with the timetable and procedure 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.)
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.