Minutes-August 2025 - Draft
RULES REVIEW COMMISSION MEETING
MINUTES
August 28, 2025
The Rules Review Commission met on Thursday, August 28, 2025, in the Commission Room at 1711 New Hope Church Road, Raleigh, North Carolina, and the meeting was streamed for the public via Webex.
Commissioners Wyatt Dixon, III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Bill Nelson, and Jake Parker were present in the Commission Room.
Staff member Alexander Burgos, Commission Counsel Seth Ascher and Travis Wiggs were present in the room.
The meeting was called to order at 10:01 a.m. with 1st Vice Chair Parker presiding.
1st Vice Chair Parker introduced Administrative Law Judge Linda F. Nelson with the Office of Administrative Hearings to the Commission.
Judge Nelson administered the Oath of Office to Commissioner Bill Nelson.
The 1st Vice Chair read the notice required by G.S. 138A-15(e) and reminded the Commission members that they have a duty to avoid conflicts of interest and the appearance of conflicts of interest.
The 1st Vice Chairman notified the Commissioners that the following items on the agenda would be taken up out of order at the end of the agenda: Permanent Rules from the State Board of Elections and Board of Dental Examiners.
APPROVAL OF MINUTES
The Chair asked for any discussion, comments, or corrections concerning the minutes from the July 30, 2025 meeting. There were none, and the minutes were unanimously approved as distributed.
FOLLOW-UP MATTERS
Private Protective Services Board
14B NCAC 16 .0707, .1203, .1307, .1501, and .1502 were unanimously approved.
The Commission voted to object to 14B NCAC 16 .0701, .0801, .1301, and .1401 consistent with the staff opinion dated June 20, 2025 which states the agency failed to meet the standards in G.S. 150B-21.9(a)(2), and (4) because they required a form that did not have its complete contents or substantive requirements prescribed by rule or statute in the staff opinion dated June 20, 2025. See G.S. 150B-2(8a)d.
Jeff Gray, the rulemaking coordinator and general counsel for the agency, addressed the Commission.
Commission for Public Health
15A NCAC 18C .1540 was unanimously approved.
LOG OF FILINGS (PERMANENT RULES)
State Board of Elections
The Commission voted to waive 26 NCAC 05 .0103 to extend the deadline to accept public comments.
08 NCAC 21 .0102, .0106, .0108, .0204; 22 .0101, .0102, .0103, .0104, .0105, .0106, .0107, .0201, .0202, .0203, .0301, .0302, .0303, .0304, .0305, .0306, .0401, .0402, .0501, .0502, and .0601 were unanimously approved.
Kevin Hayes, the Vice Chairman of the Constitution Party of North Carolina, addressed the Commission.
Anna Lee Dillon Ordoubadi, Co–Chair of the North Carolina Green Party, addressed the Commission.
Adam Steele, Assistant General Counsel with the agency, addressed the Commission.
In accordance with G.S. 150B-21.3(b2), the Commission received over ten letters of objection requesting legislative review and a delayed effective date for 08 NCAC 22 .0104, .0105, and .0305.
Department of Insurance
11 NCAC 24 .0101, .0102, .0103, .0104, .0105, .0106, .0107, and .0108 were unanimously approved.
Department of Labor
13 NCAC 01D .0101 and .0102 were unanimously approved.
Private Protective Services Board
14B NCAC 16 .0103, .0105, .0116, .0117, .0501, .0502, and .0503 were unanimously approved.
Alarm Systems Licensing Board
14B NCAC 17 .0109 was unanimously approved.
State Board of Education
16 NCAC 06B .0103 and .0107 were unanimously approved.
Licensing Board for General Contractors
21 NCAC 12A .0202, .0303, .0308, .0701, and 12B .0402 were unanimously approved.
Board of Dental Examiners
The Commission voted to object to 21 NCAC 16A .0101; 16F .0111, and 16V .0103 finding that the rules did not satisfy G.S. 150B-21.9(a). Specifically, the Commission objected to the rules pursuant to G.S. 150B-21.9(a)(1), (2), and (3).
Marcus C. Hewitt of Fox Rothschild LLP addressed the Commission.
Tom Fetzer of Strategic Partners addressed the Commission.
Michael Riccobene of Riccobene Associates Family Dentistry addressed the Commission.
Doug Brocker, with the Brocker Law firm, and representing the agency, addressed the Commission.
Office of Administrative Hearings
26 NCAC 03 .0101 and .0102 were withdrawn at the request of the agency. No action was required by the Commission.
Existing Rules Review
Tobacco Trust Fund Commission
02 NCAC 57 - The Commission unanimously approved the report as submitted by the agency.
Office of State Fire Marshal
11 NCAC 05A, 05D, 07 - The Commission unanimously approved the reports as submitted by the agency.
Fire and Rescue Commission
11 NCAC 05B, 05C - The Commission unanimously approved the reports as submitted by the agency.
Environmental Management Commission
15A NCAC 02G, 02I, 02L, 02N, 02O, 02P - The Commission unanimously approved the reports as submitted by the agency.
Department of Revenue
17 NCAC 04 - The Commission unanimously approved the report as submitted by the agency.
Department of Transportation
19A NCAC 01, 04, 05, 06 - The Commission unanimously approved the reports as submitted by the agency.
Hearing Aid Dealers and Fitters Board
21 NCAC 22 - The Commission unanimously approved the report as submitted by the agency.
Board of Physical Therapy Examiners
21 NCAC 48 - The Commission unanimously approved the report as submitted by the agency.
Readoptions
Board of Agriculture
02 NCAC 31A, 31C, 39, 43, 53 - As reflected in the attached letter, the Commission voted to schedule the readoption of these Rules no later than November 1, 2027, pursuant to G.S. 150B-21.3A(d)(2).
Medical Care Commission
10A NCAC 13A, 13D – As reflected in the attached letter, the Commission voted to schedule the readoption of these Rules no later than September 1, 2027 pursuant to G.S. 150B-21.3A(d)(2).
Agriculture Finance Authority
24 NCAC 02 - As reflected in the attached letter, the Commission voted to schedule the readoption of these Rules no later than November 1, 2027, pursuant to G.S. 150B-21.3A(d)(2).
COMMISSION BUSINESS
The Commission unanimously voted to approve the 2026 RRC meeting schedule.
At 12:15 p.m., upon a motion by the 1st Vice Chair and a second by Commissioner Overton, the Commission voted to call the public meeting of the Rules Review Commission to enter into closed session pursuant to G.S. 143-318.11(a)(3) regarding RC v. RRC and CJETS v. RRC.
At 12:37 p.m., the Commission reconvened its public meeting of the Rules Review Commission after concluding the closed session. Commissioner Hyde did not return following the closed session.
The 1st Vice Chair announced that the Commission Election of Officers will be held at the next meeting.
The meeting adjourned at 12:36 p.m.
The next regularly scheduled meeting of the Commission is Thursday, September 25, 2025, at 10:00 a.m.
Alexander Burgos, Paralegal
Minutes approved by the Rules Review Commission:
Jeanette Doran, Chair
August 28, 2025
Rules Review Commission Meeting
Please Print Legibly
| Name | Agency |
|---|---|
| Emily Wikey | NCDOT |
| Jay Frick | NC DWR |
| Ellen Roeber | NC Board PT Examiners |
| DAVID GADD | NC BD PT Examiners |
| Ann Wall | 505 |
| Bobby WHITE | NC DENTAL BOARD |
| Tom Fetzer | Heartland Dental |
| Jonah Pryer | NCDOR |
| Laura Lansford | NCDOR |
| Elly Young | NCDOJ |
| Susan Vu | Heartland |
| Marc Hewitt | Sel F |
| Alisha Benjamin | NC DOI |
| Paul Cox | NCSBE |
| Lindsay Wakely | " |
| Adam Steele | " |
| Robert Croom | NCDOI |
| Jeff Gray | PVSB/ASLB |
| Kyle Heuser | OSFM |
| Name | Agency |
|---|---|
| Tamika Jenkins | DHHS |
| Dana McGhee | ICNC |
| Devon Horine | DHHS |
| Ashley Snyder | Labor |
| Brian Liebman | OAH |
| Amy Funderburk | DOI |
| Ryan Collins | DPI |
| Laura Rowe | NC treasurer |
| Jessica Montie | DEQ |
| Karen Higgins | DEQ |
| Carla Rose | Labor |
| Julie Ventaloro | OSBM |
| Jennifer Everett | DEQ |
| William Peaslee | OAH |
| William Upchurch | NCAGR |
| Anna Hayworth | NCAGR |
| Julie Eddins | OAH |
| Catherine Blum | DEQ |
| Shanah Black | DHHS |
| Eric Anderson | |
| Catherine Lee | Hedrick Gardner |
| Anna Lee Dillon | |
| Dena J Brown | NCLBGC |
| Misty PM | DHHS |
| Larry Ascher | |
| Hope Ascher | |
| Chris Miller | |
| Ashley Ratliff | NCBAR |
| Gabby Decker | BCBSNC |
| Dilcy Burton | DOJ |
| Whitney Waldenberg | Brocker Law Firm |
| Sarah Sonnenberg | |
| Kevin Hayes | |
| Terra Gang | DOR |
| Elizabeth Pope | NCSWB |
| Alex Ward | DOJ |
| John H Schaeffer | DOJ |
| Connor rose | |
| Anna Baird Choi | NCLBGC |
| Renee Metz | ABC |
| Ian LaBrie | |
| Sherri Roycroft | Brocker Law Firm |
| James Nguyen |
STATE OF NORTH CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS
August 29, 2025
Anna Hayworth
Sent via email to: [email protected]
Re: Readoption deadline for 02 NCAC 31A, 31C, 39, 43, 53
Dear Ms. Hayworth:
Attached to this letter is a list of rules subject to readoption pursuant to the periodic review and expiration of existing rules as set forth in G.S. 150B-21.3A. After consultation with your agency, the Rules Review Commission established a readoption date for these rules at the Rules Review Commission meeting on June 26, 2025.
Pursuant to G.S. 150B-21.3A(d)(2), the rules listed in the attachment shall be readopted by the agency no later than November 1, 2027.
If you have any questions regarding the Commission’s actions, please let me know.
Sincerely,
/s/ Travis Wiggs
Travis Wiggs
RRC Counsel
RRC DETERMINATION PERIODIC RULE REVIEW
February 27, 2025
APO Review: April 30, 2025
Agriculture, Board of
Total: 121
RRC Determination: Necessary
02 NCAC 31A .0101
02 NCAC 31A .0102
02 NCAC 31C .0101
02 NCAC 31C .0102
02 NCAC 31C .0103
02 NCAC 31C .0104
02 NCAC 39 .0101
02 NCAC 43A .0102
02 NCAC 43B .0101
02 NCAC 43B .0102
02 NCAC 43C .0101
02 NCAC 43C .0102
02 NCAC 43C .0103
02 NCAC 43C .0104
02 NCAC 43C .0105
02 NCAC 43C .0106
02 NCAC 43C .0107
02 NCAC 43C .0108
02 NCAC 43D .0101
02 NCAC 43D .0102
02 NCAC 43D .0103
02 NCAC 43D .0104
02 NCAC 43D .0105
02 NCAC 43D .0106
02 NCAC 43E .0102
02 NCAC 43E .0103
02 NCAC 43L .0502
02 NCAC 43G .0101
02 NCAC 43G .0102
02 NCAC 43G .0103
02 NCAC 43G .0105
02 NCAC 43G .0106
02 NCAC 43L .0303
02 NCAC 43L .0306
02 NCAC 43L .0307
02 NCAC 43L .0308
02 NCAC 43L .0309
02 NCAC 43L .0310
02 NCAC 43L .0311
02 NCAC 43L .0312
02 NCAC 43L .0313
02 NCAC 43L .0314
02 NCAC 43L .0315
02 NCAC 43L .0316
02 NCAC 43L .0317
02 NCAC 43L .0318
02 NCAC 43L .0319
02 NCAC 43L .0320
02 NCAC 43L .0321
02 NCAC 43L .0322
02 NCAC 43L .0323
02 NCAC 43L .0324
02 NCAC 43L .0325
02 NCAC 43L .0326
02 NCAC 43L .0327
02 NCAC 43L .0328
02 NCAC 43L .0329
02 NCAC 43L .0330
02 NCAC 43L .0331
02 NCAC 43L .0332
02 NCAC 43L .0333
02 NCAC 43L .0334
02 NCAC 43L .0335
02 NCAC 43L .0336
02 NCAC 43L .0337
02 NCAC 43L .0338
02 NCAC 43L .0501
02 NCAC 43L .0502
02 NCAC 43L .0503
02 NCAC 43L .0504
02 NCAC 43L .0505
02 NCAC 43L .0601
02 NCAC 43L .0602
02 NCAC 43L .0603
02 NCAC 43L .0604
02 NCAC 43L .0605
02 NCAC 43L .0606
02 NCAC 43L .0607
02 NCAC 43L .0608
02 NCAC 43L .0609
02 NCAC 43L .0610
02 NCAC 43L .0611
02 NCAC 43L .0612
02 NCAC 43L .0613
02 NCAC 43L .0614
02 NCAC 43L .0615
02 NCAC 43L .0616
02 NCAC 43L .0617
02 NCAC 43L .0618
02 NCAC 43L .0619
02 NCAC 43L .0620
02 NCAC 43L .0621
02 NCAC 43L .0622
02 NCAC 43L .0623
02 NCAC 43L .0624
02 NCAC 43L .0625
02 NCAC 43L .0626
02 NCAC 43L .0627
02 NCAC 43L .0628
02 NCAC 43L .0629
02 NCAC 43L .0630
02 NCAC 43L .0631
02 NCAC 43L .0632
02 NCAC 43L .0634
02 NCAC 43L .0635
02 NCAC 43L .0636
02 NCAC 43L .0637
02 NCAC 43L .0638
02 NCAC 43L .0639
02 NCAC 43L .0640
02 NCAC 43L .0641
02 NCAC 43L .0642
02 NCAC 43L .0643
02 NCAC 43L .0644
02 NCAC 43L .0645
02 NCAC 43L .0646
02 NCAC 43L .0647
02 NCAC 43L .0648
02 NCAC 43L .0649
02 NCAC 43L .0650
02 NCAC 53 .0101
August 28, 2025
Shanah Black, Medical Care Commission
Sent via email only to: [email protected]
Re: Readoption deadline for 10A NCAC 13A, 13D
Dear Ms. Black,
Attached to this letter is a list of rules subject to readoption pursuant to the periodic review and expiration of existing rules as set forth in G.S. 150B-21.3A. After consultation with your agency, the Rules Review Commission established a readoption date for these rules at the August 28, 2025, Rules Review Commission meeting.
Pursuant to G.S. 150B-21.3A(d)(2), the rules listed in the attachment shall be readopted by the agency no later than September 1, 2027.
If you have any questions regarding the Commission’s actions, please let me know.
Sincerely,
/s/ Seth Ascher
Seth Ascher
Commission Counsel
RRC DETERMINATION PERIODIC RULE REVIEW
January 30, 2025
APO Review: April 02, 2025
Medical Care Commission
Total: 64
RRC Determination: Necessary
10A NCAC 13A .0101
10A NCAC 13A .0201
10A NCAC 13A .0202
10A NCAC 13A .0203
10A NCAC 13D .2001
10A NCAC 13D .2101
10A NCAC 13D .2102
10A NCAC 13D .2103
10A NCAC 13D .2104
10A NCAC 13D .2105
10A NCAC 13D .2106
10A NCAC 13D .2107
10A NCAC 13D .2108
10A NCAC 13D .2109
10A NCAC 13D .2201
10A NCAC 13D .2202
10A NCAC 13D .2203
10A NCAC 13D .2204
10A NCAC 13D .2205
10A NCAC 13D .2206
10A NCAC 13D .2207
10A NCAC 13D .2208
10A NCAC 13D .2209
10A NCAC 13D .2210
10A NCAC 13D .2211
10A NCAC 13D .2212
10A NCAC 13D .2301
10A NCAC 13D .2302
10A NCAC 13D .2303
10A NCAC 13D .2304
10A NCAC 13D .2305
10A NCAC 13D .2306
10A NCAC 13D .2307
10A NCAC 13D .2308
10A NCAC 13D .2309
10A NCAC 13D .2401
10A NCAC 13D .2402
10A NCAC 13D .2501
10A NCAC 13D .2502
10A NCAC 13D .2503
10A NCAC 13D .2504
10A NCAC 13D .2601
10A NCAC 13D .2602
10A NCAC 13D .2603
10A NCAC 13D .2604
10A NCAC 13D .2605
10A NCAC 13D .2606
10A NCAC 13D .2607
10A NCAC 13D .2701
10A NCAC 13D .2801
10A NCAC 13D .2802
10A NCAC 13D .2901
10A NCAC 13D .2902
10A NCAC 13D .3003
10A NCAC 13D .3101
10A NCAC 13D .3102
10A NCAC 13D .3103
10A NCAC 13D .3104
10A NCAC 13D .3201
10A NCAC 13D .3202
10A NCAC 13D .3401
10A NCAC 13D .3402
10A NCAC 13D .3403
10A NCAC 13D .3404
August 29, 2025
Anna Hayworth
Sent via email to: [email protected]
Re: Readoption deadline for 24 NCAC 02
RRC DETERMINATION PERIODIC RULE REVIEW
February 27, 2025
APO Review: April 30, 2025
Agricultural Finance Authority
Total: 6
RRC Determination: Necessary
24 NCAC 02A .0101
24 NCAC 02A .0102
24 NCAC 02A .0103
24 NCAC 02B .0101
24 NCAC 02B .0102
24 NCAC 02C .0101
OATH OF OFFICE
for the
Rules Review Commission
I, William W. “Bill” Nelson, do solemnly swear (affirm) that I will support the Constitution of the United States.
I, William W. “Bill” Nelson, do solemnly swear (affirm) that I will be faithful and bear true allegiance to the State of North Carolina, and to the constitutional powers and authorities which are or may be established for the government thereof; and that I will endeavor to support, maintain and defend the Constitution of said state, not inconsistent with the Constitution of the United States.
I, William W. “Bill” Nelson, do solemnly swear (affirm) that I will well and truly execute the duties of my office as a member of the Rules Review Commission according to the best of my skill and ability, according to law, so help me God.
This 28th day of August, 2025.
William W. Nelson
Linda F. Nelson
Administrative Law Judge
Sworn and subscribed before me this the
28th day of August, 2025.
Angie Sanders
Notary Public
My Commission Expires: February 17, 2026