09 NCAC 03 agency communication

STATE OF NORTH CAROLINA
OFFICE OF STATE BUDGET AND MANAGEMENT

JOSH STEIN
GOVERNOR

KRISTIN WALKER
STATE BUDGET DIRECTOR

September 18, 2025

MEMORANDUM

To: Seth Ascher, Counsel to the North Carolina Rules Review Commission, OAH

From: Loretta Peace-Bunch, Rulemaking Coordinator, OSBM

Subject: Consultation Information for Setting Readoption Deadline – 09 NCAC 03M

In response to your request for consultation, OSBM is providing the following information as required by 26 NCAC 05 .0212. Our anticipated timeline ensures that we can readopt the rules before the proposed deadline of November 1, 2027.

1. Planned timeline for readoption of rules in 09 NCAC 03M

   MEMORANDUM

   Date	Action
   Dec 2026	Prepare fiscal note, if needed
   Feb 1, 2027	Publish Notice of Text in the NC Register
   Feb 1 - Apr 2, 2027	Public comment period
   Apr 3 - May 31, 2027	Consider comments
   June 1, 2027	Adopt rules
   By July 1, 2027 *No later than 30 days after adoption	Submit adopted rules to RRC
   Aug 1, 2027	Earliest possible effective date

2. Rulemaking priorities. OSBM does not anticipate any rulemaking priorities that would be relevant to the readoption timeline.

Seth,

Yes, they were identical, and September 25th is fine. Thank you.

Loretta

Loretta Peace-Bunch
NC Office of State Budget and Management
[email protected]
Office Phone: 984-236-0681
www.osbm.nc.gov

Loretta,

This looks fine to me. I can go ahead and put it on the September 25th agenda for approval, unless you see a problem with that.

Also, it appears you sent me the memo twice, the second time to include Julie. Just to make sure I am using the correct one, I used the more recent one, although they appear identical.

Seth Ascher
Counsel to the North Carolina Rules Review Commission
Office of Administrative Hearings
(984) 236-1934

Seth,

Please see the attached memo relating to OSBM’s readoption of 09 NCAC 03. Please let us know if you have any questions. Thank you.

Loretta

Loretta Peace-Bunch
Program Support Specialist
NC Office of State Budget and Management
[email protected]
Office Phone: 984-236-0681
www.osbm.nc.gov

Good afternoon,

The attached periodic review reports have been finalized. The next step is to set a deadline for the readoption of these 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.

It appears that the deadline for your agency to provide this information is October 13, 2025. As a starting point, I would recommend a November 1, 2027 readoption deadline, but I am open to considering a different recommendation based on the needs of your agency.

Seth Ascher
Counsel to the North Carolina Rules Review Commission
Office of Administrative Hearings
(984) 236-1934

Good afternoon,

The determinations in the attached periodic review reports for 09 NCAC 03 were effective April 30, 2025. Commission Counsel Seth Ascher will reach out to you to discuss setting the readoption date for the rules in the report designated necessary.

The rules designated, as unnecessary expired effective May 1, 2025.

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]

MEMORANDUM

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