10A NCAC 13L, 13M, 13O - agency communication

Burgos, Alexander N

Subject: FW: Periodic Review 10A NCAC 13L, 13M, 13O

From: Black, Shanah <[email protected]>
Sent: Monday, September 29, 2025 3:37 PM
To: Wiggs, Travis C <[email protected]>
Cc: Burgos, Alexander N <[email protected]>
Subject: RE: Periodic Review 10A NCAC 13L, 13M, 13O

Wonderful, thank you!

From: Wiggs, Travis C <[email protected]>
Sent: Monday, September 29, 2025 3:36 PM
To: Black, Shanah <[email protected]>
Cc: Burgos, Alexander N <[email protected]>
Subject: RE: Periodic Review 10A NCAC 13L, 13M, 13O

I’m satisfied with the proposed readoption timeline submitted by your agency. The RRC will plan to vote on the agreed readoption deadline of May 1, 2028 at its meeting on October 30, 2025 at 10am.

Please let me know if you have any questions.

Thanks,

Travis C. Wiggs
Rules Review Commission Counsel
Office of Administrative Hearings
Telephone: 984-236-1929
Email: [email protected]

From: Black, Shanah <[email protected]>
Sent: Monday, September 29, 2025 3:32 PM
To: Wiggs, Travis C <[email protected]>
Cc: Burgos, Alexander N <[email protected]>
Subject: RE: Periodic Review 10A NCAC 13L, 13M, 13O

Now until December 2026
Finalize proposed rule amendments
OSBM fiscal note approval

Jan 2027 – Feb 2027
Medical Care Commission approval to publish in NCR

March 2027-December 2027
Rules submitted to NCR
Posted in DHSR website
Interested parties notified

60 day comment period
Public Hearing

Feb 2028
Approval from Medical Care Commission to submit to RRC for readoption

March 2028
Submit to RRC

April 2028
RRC meeting

May 1, 2028
Readoption

From: Wiggs, Travis C <[email protected]>
Sent: Monday, September 29, 2025 3:09 PM
To: Black, Shanah <[email protected]>
Cc: Burgos, Alexander N <[email protected]>
Subject: RE: Periodic Review 10A NCAC 13L, 13M, 13O

You would have to ask Seth. My guess is the date you requested from him was available at that time. The date you requested from me is not available because we already have over 150 rules set for readoption that month.

Travis C. Wiggs
Rules Review Commission Counsel
Office of Administrative Hearings
Telephone: 984-236-1929
Email: [email protected]

From: Black, Shanah <[email protected]>
Sent: Monday, September 29, 2025 2:34 PM
To: Wiggs, Travis C <[email protected]>
Cc: Burgos, Alexander N <[email protected]>
Subject: RE: Periodic Review 10A NCAC 13L, 13M, 13O

Hey,

I am a bit confused. I sent Seth a timeline like this but still kept the later readoption date. He said he just needed to see an adoption schedule, but it wasn’t something that we had to definitely stick to.

From: Wiggs, Travis C <[email protected]>
Sent: Monday, September 29, 2025 2:27 PM
To: Black, Shanah <[email protected]>
Cc: Burgos, Alexander N <[email protected]>
Subject: RE: Periodic Review 10A NCAC 13L, 13M, 13O

The Periodic Review/Readoption process is taking place over a 10-year period and involves all the state agencies subject to rulemaking. Seth and I are attempting to spread the rules out as much as possible while doing our best to accommodate the needs and priorities of each agency.

I recommended May 1, 2028 as your readoption deadline but your email below reflects a timeline of readopting all necessary rules by February 1, 2027. We cannot guarantee that the RRC will be able to review and vote on your rules during a month when we already have over 150 rules set for readoption that month. Since these reports only contain 15 rules, the earliest we can currently them readoption is November or December 2027.

Please be mindful of 26 NCAC 05.0212(c)(2) that requires agencies to file rules with the RRC within 30 days of adoption. Remember to consider whether your agency will need to prepare any fiscal notes as required by G.S. 150B-21.4. Also, please account for whether your agency will want to amend any rules after the public comment period and rulemaking hearing that may constitute s substantial change under 150B-21.2(g).

Please let me know if you have any questions or concerns.

Thanks,

Travis C. Wiggs
Rules Review Commission Counsel
Office of Administrative Hearings
Telephone: 984-236-1929
Email: [email protected]

From: Black, Shanah <[email protected]>
Sent: Monday, September 29, 2025 12:56 PM
To: Wiggs, Travis C <[email protected]>
Cc: Burgos, Alexander N <[email protected]>
Subject: RE: Periodic Review 10A NCAC 13L, 13M, 13O

Good afternoon,

May 1, 2028, readoption deadline for all 3 sets of rules will be fine. Sending a timeline for all 3.

October 2025 – March 2026 we will finalize the proposed rule amendments, work with OSBM on the fiscal note

March 2026 – July 2026 Medical Care Commission approval for preliminary adoption of rules and approval to print in NCR

August 2026 – rules submitted to NC Registry for publication, posted on DHSR rule action page and notice to interested parties sent

Augst 2026 – October 2026 – 60 day comment period (discuss comments in the agency), hold public hearing

November 2026 – get approval from Medical Care Commission to submit to RRC for readoption

December 2026- January 2027 – submit to RRC

February 2027 RRC meeting

March 2027 earliest effective date.

Thanks

Burgos, Alexander N

Good afternoon,

May 1, 2028, readoption deadline for all 3 sets of rules will be fine. Sending a timeline for all 3.

October 2025 – March 2026 we will finalize the proposed rule amendments, work with OSBM on the fiscal note

March 2026 – July 2026 Medical Care Commission approval for preliminary adoption of rules and approval to print in NCR

August 2026 – rules submitted to NC Registry for publication, posted on DHSR rule action page and notice to interested parties sent

Augst 2026 – October 2026 – 60 day comment period (discuss comments in the agency), hold public hearing

November 2026 – get approval from Medical Care Commission to submit to RRC for readoption

December 2026- January 2027 – submit to RRC

February 2027 RRC meeting

March 2027 earliest effective date.

Thanks

From: Wiggs, Travis C <[email protected]>
Sent: Monday, August 11, 2025 2:53 PM
To: Black, Shanah <[email protected]>
Cc: Burgos, Alexander N <[email protected]>
Subject: RE: Periodic Review 10A NCAC 13L, 13M, 13O

Good afternoon,15

The attached periodic review report has been finalized. The next step is to set a deadline for the readoption of the “Necessary” rules. Pursuant to G.S. 150B-21.3A and 26 NCAC 05 .0212, the RRC sets this deadline after consultation with the agency, and this email serves as the RRC’s request for that consultation. Please review 26 NCAC 05 .0212 for the information required to be submitted to the RRC, and the deadlines for doing so.

The deadline for your agency to provide this information is October 10, 2025. As a starting point, I would recommend a May 1, 2028, readoption deadline, but I am open to considering a different recommendation based on the needs of your agency.

Please reply to confirm receipt of this email. Let me know if you have any questions. Thank you.

Travis C. Wiggs
Rules Review Commission Counsel
Office of Administrative Hearings
Telephone: 984-236-1929
Email: [email protected]

From: Julie B. Eddins <[email protected]>
Sent: Friday, August 8, 2025 10:57 AM
To: Black, Shanah <[email protected]>
Cc: Wiggs, Travis C <[email protected]>
Subject: Periodic Review 10A NCAC 13L, 13M, 13O

Good afternoon,

The determinations in the attached periodic review report for 10A NCAC 13L, 13M, 13O were effective June 25, 2025. Commission Counsel Travis Wiggs will reach out to you to discuss setting the readoption date.

Let me know if you have any questions.

Julie B. Eddins
Publications Coordinator
NC Office of Administrative Hearings
Phone 984-236-1937 (direct) – new number effective March 14, 2025
[email protected]

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