Section .0100 Petitions for Rule-Making

21 NCAC 08B .0101 Petitions

Any person wishing to submit a petition requesting the adoption, amendment or repeal of a rule by the Board shall address a petition to the Board’s Executive Director, as set forth in 21 NCAC 08A .0102.

21 NCAC 08B .0102 Contents of Petition for New Rule

A petition requesting the adoption of a rule should contain the following information:

1. either a draft of the proposed rule or a summary of the contents of the proposed rule;
2. reason for the proposal;
3. effect of the new rule on existing rules;
4. data supporting the rule proposal;
5. effects of the rule on existing practices in the area involved; and
6. name, address and phone number of each petitioner.

21 NCAC 08B .0104 Contents of Petitions for Rule Amendment or Repeal

A petition requesting the amendment or repeal of a rule should contain the following information:

1. rule affected;
2. reasons for change;
3. either a draft of the proposed amendment or a summary of the proposed amendment, if the petition is to amend the rule;
4. data supporting the rule proposal;
5. effect of the proposed change on existing practices in the area involved; and
6. name and address of each petitioner.

21 NCAC 08B .0105 Granting or Denying Petitions

The Executive Director of the Board shall make a recommendation to a committee of the Board and the committee shall recommend to the full Board, based on a study of the facts stated in the petition, whether the public interest will be better served by granting or denying the petition. The Board will consider all the contents of the submitted petition plus any additional information deemed relevant.