Final Determination Report-20 NCAC 03-Local Government Commission-Staff Recommendation July 2025
G.S. 150B-21.3A Report for 20 NCAC 03, LOCAL GOVERNMENT COMMISSION
Agency - Local Government Commission
Comment Period - January 3, 2025 to March 4, 2025
Date Submitted to APO - Filled in by RRC staff
| Subchapter | Rule Section | Rule Citation | Rule Name | Date and Last Agency Action on the Rule | Agency Determination [150B-21.3A(c)(1)a] | Required to Implement or Conform to Federal Regulation [150B-21.3A(d1)] | Federal Regulation Citation | Public Comment Received [150B-21.3A(c)(1)] | Agency Determination Following Public Comment [150B-21.3A(c)(1)] | RRC Determination of Public Comments [150B-21.3A(c)(2)] | RRC Final Determination of Status of Rule for Report to APO [150B-21.3A(c)(2)] | OAH Next Steps |
|---|---|---|---|---|---|---|---|---|---|---|---|---|
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0101 | ORGANIZATION AND FUNCTIONS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0102 | DEFINITIONS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0103 | RULE-MAKING PROCEDURES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0104 | DECLARATORY RULES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0105 | CONTESTED CASE PROCEDURES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0106 | ADDITIONAL REQUIREMENTS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0107 | OTHER REQUESTS FOR ACTION | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0108 | STATUS OF MEMORANDA: STATEMENTS AND PUBLICATIONS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0109 | ENFORCEMENT PROCEDURES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0110 | MAILING LISTS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0111 | SETTING FEES ON REVENUE BOND APPROVALS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0100 - GENERAL PROVISIONS | 20 NCAC 03 .0112 | FEES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0200 - APPROVAL OF DEBT OBLIGATIONS | 20 NCAC 03 .0202 | APPROVAL OF GENERAL OBLIGATION BONDS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0200 - APPROVAL OF DEBT OBLIGATIONS | 20 NCAC 03 .0203 | ADDITIONAL DOCUMENTS TO BE FILED | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0200 - APPROVAL OF DEBT OBLIGATIONS | 20 NCAC 03 .0204 | APPROVAL OF REVENUE BONDS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0200 - APPROVAL OF DEBT OBLIGATIONS | 20 NCAC 03 .0205 | APPROVAL OF TAX ANTICIPATION NOTES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0200 - APPROVAL OF DEBT OBLIGATIONS | 20 NCAC 03 .0206 | APPROVAL OF REVENUE ANTICIPATION NOTES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0200 - APPROVAL OF DEBT OBLIGATIONS | 20 NCAC 03 .0207 | APPROVAL OF GRANT ANTICIPATION NOTES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0200 - APPROVAL OF DEBT OBLIGATIONS | 20 NCAC 03 .0208 | SPECIAL PURPOSE BONDS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0300 - SALE AND DELIVERY OF BONDS AND NOTES | 20 NCAC 03 .0301 | PRESALE REQUIREMENTS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0300 - SALE AND DELIVERY OF BONDS AND NOTES | 20 NCAC 03 .0302 | SALE OF BONDS OR NOTES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0300 - SALE AND DELIVERY OF BONDS AND NOTES | 20 NCAC 03 .0303 | DELIVERY OF BONDS OR NOTES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0300 - SALE AND DELIVERY OF BONDS AND NOTES | 20 NCAC 03 .0304 | FEES FOR SALE AND DELIVERY OF BONDS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0300 - SALE AND DELIVERY OF BONDS AND NOTES | 20 NCAC 03 .0305 | MATURITIES OF BONDS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0400 - ACCOUNTING AND INTERNAL CONTROLS | 20 NCAC 03 .0401 | ACCOUNTING AND INTERNAL CONTROL SYSTEMS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0400 - ACCOUNTING AND INTERNAL CONTROLS | 20 NCAC 03 .0402 | REVENUES SUSCEPTIBLE TO ACCRUAL | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0400 - ACCOUNTING AND INTERNAL CONTROLS | 20 NCAC 03 .0405 | COMMENTS TO FEDERAL AND STATE GRANTOR AGENCIES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0400 - ACCOUNTING AND INTERNAL CONTROLS | 20 NCAC 03 .0406 | APPROVAL OF FINANCE OFFICER ACTING AS TAX COLLECTOR | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0400 - ACCOUNTING AND INTERNAL CONTROLS | 20 NCAC 03 .0407 | REPORT OF CASH BALANCE | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0400 - ACCOUNTING AND INTERNAL CONTROLS | 20 NCAC 03 .0408 | REPORT OF FINANCIAL INFORMATION | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0400 - ACCOUNTING AND INTERNAL CONTROLS | 20 NCAC 03 .0409 | EXEMPTION FROM PREAUDIT CERTIFICATE REQUIREMENT FOR ELECTRONIC payments | Eff. November 1, 2017 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0400 - ACCOUNTING AND INTERNAL CONTROLS | 20 NCAC 03 .0410 | EXEMPTION FROM DISBURSEMENT CERTIFICATE REQUIREMENT FOR ELECTRONIC PaYMENTS | Eff. November 1, 2017 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0500 - AUDIT CONTRACTS | 20 NCAC 03 .0501 | APPLICATION FOR APPROVAL OF AUDIT CONTRACT | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0500 - AUDIT CONTRACTS | 20 NCAC 03 .0502 | AUDIT CONTRACT | Amended Eff. November 1, 2020 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0500 - AUDIT CONTRACTS | 20 NCAC 03 .0503 | AUDIT ENGAGEMENTS DEFINED | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0500 - AUDIT CONTRACTS | 20 NCAC 03 .0504 | WHO MAY PERFORM AUDITS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0500 - AUDIT CONTRACTS | 20 NCAC 03 .0505 | AUDIT BILLINGS | Amended Eff. November 1, 2020 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0500 - AUDIT CONTRACTS | 20 NCAC 03 .0506 | WITHHOLDING OF APPROVAL | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0500 - AUDIT CONTRACTS | 20 NCAC 03 .0508 | RESPONSE TO THE INDEPENDENT AUDITOR'S FINDINGS, RECOMMENDATIONS, AND FISCAL MATTERS | Eff. November 1, 2020 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0600 - SCHOOL BUDGETING AND ACCOUNTING | 20 NCAC 03 .0601 | ENCUMBRANCE ACCOUNTING | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0700 - MUTUAL FUND FOR LOCAL GOVERNMENT INVESTMENT | 20 NCAC 03 .0710 | GENERAL INFORMATION | Eff. October 1, 2023 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0700 - MUTUAL FUND FOR LOCAL GOVERNMENT INVESTMENT | 20 NCAC 03 .0711 | DEFINITION OF TERMS | Eff. October 1, 2023 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0700 - MUTUAL FUND FOR LOCAL GOVERNMENT INVESTMENT | 20 NCAC 03 .0712 | MINIMUM FUND STANDARDS | Eff. October 1, 2023 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0700 - MUTUAL FUND FOR LOCAL GOVERNMENT INVESTMENT | 20 NCAC 03 .0713 | CERTIFICATION OF A FUND | Eff. October 1, 2023 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0700 - MUTUAL FUND FOR LOCAL GOVERNMENT INVESTMENT | 20 NCAC 03 .0714 | REVIEW OF FUND AND ATTESTATION | Eff. October 1, 2023 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0700 - MUTUAL FUND FOR LOCAL GOVERNMENT INVESTMENT | 20 NCAC 03 .0715 | TERMINATION OF CERTIFICATION | Eff. October 1, 2023 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0800 - SYSTEM OF REGISTRATION | 20 NCAC 03 .0801 | APPROVAL OF A SYSTEM OF REGISTRATION | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0800 - SYSTEM OF REGISTRATION | 20 NCAC 03 .0802 | APPROVAL OF APPOINTMENT OF AGENTS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0800 - SYSTEM OF REGISTRATION | 20 NCAC 03 .0803 | MAXIMUM RATES FOR AGENCY SERVICES | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0900 - OTHER REQUESTS FOR APPROVAL | 20 NCAC 03 .0901 | PROCESSING APPLICATIONS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0900 - OTHER REQUESTS FOR APPROVAL | 20 NCAC 03 .0903 | APPLICATION TO AMEND: PRIOR APPROVALS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0900 - OTHER REQUESTS FOR APPROVAL | 20 NCAC 03 .0904 | COUNTY USE OF SALES TAXES PURSUANT TO G.S. 105-487(C) | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0900 - OTHER REQUESTS FOR APPROVAL | 20 NCAC 03 .0905 | MUNICIPALITY USE OF SALES TAXES PURSUANT TO G.S.105-487(C) | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0900 - OTHER REQUESTS FOR APPROVAL | 20 NCAC 03 .0906 | ANNEXATION: REQUESTS BY RURAL FIRE DEPARTMENT | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .0900 - OTHER REQUESTS FOR APPROVAL | 20 NCAC 03 .0907 | ANNEXATION: ASSUMPTION OF DEBT | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .1000 - EVIDENTIARY HEARING ON REFUNDING BONDS | 20 NCAC 03 .1001 | DEFINITIONS | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .1000 - EVIDENTIARY HEARING ON REFUNDING BONDS | 20 NCAC 03 .1002 | WHO MAY REQUEST A HEARING | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .1000 - EVIDENTIARY HEARING ON REFUNDING BONDS | 20 NCAC 03 .1003 | PETITION FOR HEARING | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .1000 - EVIDENTIARY HEARING ON REFUNDING BONDS | 20 NCAC 03 .1004 | HEARING OFFICER | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .1000 - EVIDENTIARY HEARING ON REFUNDING BONDS | 20 NCAC 03 .1005 | TIME FOR THE HEARING | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .1000 - EVIDENTIARY HEARING ON REFUNDING BONDS | 20 NCAC 03 .1006 | NOTICE OF HEARING | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .1000 - EVIDENTIARY HEARING ON REFUNDING BONDS | 20 NCAC 03 .1007 | CONDUCT OF THE HEARING | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .1000 - EVIDENTIARY HEARING ON REFUNDING BONDS | 20 NCAC 03 .1008 | RECOMMENDED DECISION | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt | ||
| SECTION .1000 - EVIDENTIARY HEARING ON REFUNDING BONDS | 20 NCAC 03 .1009 | FINAL DECISION | Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. January 9, 2018 | Necessary | No | No | Necessary | No comments with merit | Necessary and must be readopted | Agency must readopt |
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