10A NCAC 05 agency communication

Burgos, Alexander N

Subject: FW: Periodic Review 10A NCAC 05

From: Ascher, Seth M <[email protected]>
Sent: Monday, October 13, 2025 4:33 PM
To: Piekaar, Misty L <[email protected]>; Julie B. Eddins <[email protected]>
Cc: Burgos, Alexander N <[email protected]>
Subject: Re: Periodic Review 10A NCAC 05

Misty,

Thank you for your response. Based on this information, I will recommend a May 1, 2028 readoption deadline for these rules.

The Commission will vote on this readoption deadline at its October 30 meeting, beginning at 10:00 AM. Let me know if you have any questions.

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

Email correspondence to and from this address may be subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized state official.

From: Piekaar, Misty L <[email protected]>
Sent: Thursday, October 9, 2025 3:11 PM
To: Ascher, Seth M <[email protected]>; Julie B. Eddins <[email protected]>
Cc: Piekaar, Misty L <[email protected]>
Subject: RE: Periodic Review 10A NCAC 05

Good afternoon, Seth-

Thank you for your email. I am responding to your email to report back to you regarding a timeline for the 10A NCAC 05 rules, by October 14, 2025. Below is what is being proposed as a timeline for the 10A NCAC 05 rules pursuant to the periodic review process. Please let me know if this is acceptable.

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• Current -July 1, 2026 - Evaluate existing policies and amend to serve as a foundation for our rules
• July 1, 2026-Notify state office of budget regarding proposed changes so that governor’s recommended budget for 2027 can effectuate the changes that need to occur
• July 1, 2026 – October 2027 – write rules to comply with periodic review process
• November-December 2027 – Seek approval from NC Department of Health & Human Services Secretary for proposed rule amendment approvals
• January 2028 – Notice sent to state register, notice of intent to make rules posted on agency and commission websites
• February & March 2028 – Public comment period, public hearing and notice in state register required by state law
• April 2028 – submit the rules for review by the Rules Review Commission to determine if the Commission counsel will recommend approval
• May 2028 – appear before the NC Rules Review Commission to have them approve rules
• June 1, 2028 – effective earliest date

Misty L. Piekaar-McWilliams, JD
Consumer Affairs Program Manager
Legal Assistance Developer
Rule-Making Coordinator
Division of Aging
NC Department of Health and Human Services

Office: 919-855-4980
Mobile: 919-219-0528
Fax: 919-715-0364
[email protected]

Mail:
2101 Mail Service Center
Raleigh, NC 27699-2101
Physical:
1915 Health Services Way, 8th Floor (9/13 and after)
Raleigh, NC 27607

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Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties by an authorized State official. Unauthorized disclosure of juvenile, health, legally privileged, or otherwise confidential information, including confidential information relating to an ongoing State procurement effort, is prohibited by law. If you have received this e-mail in error, please notify the sender immediately and delete all records of this e-mail. Please print responsibly.

From: Ascher, Seth M <[email protected]>
Sent: Friday, August 15, 2025 1:39 PM
To: Julie B. Eddins <[email protected]>; Piekaar, Misty L <[email protected]>
Subject: Re: Periodic Review 10A NCAC 05

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 14, 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.

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

From: Julie B. Eddins <[email protected]>
Sent: Friday, August 8, 2025 10:33 AM
To: Piekaar, Misty L <[email protected]>
Cc: Ascher, Seth M <[email protected]>
Subject: Periodic Review 10A NCAC 05

Good afternoon,

The determinations in the attached periodic review reports for 10A NCAC 05 were effective May 28, 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 28, 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]