Minutes-July 2025 - Draft - Copy
RULES REVIEW COMMISSION MEETING
MINUTES
July 30, 2025
The Rules Review Commission met on Wednesday, July 30, 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 Wayne R. Boyles III, Jeanette Doran, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell were present in the Commission Room. Commissioner Wyatt Dixon III was present via Webex.
Staff member Alexander Burgos, and Commission Counsel Travis Wiggs were present in the room. Commission Counsel Seth Ascher was present via Webex.
The meeting was called to order at 10:01 a.m. with Chair Doran presiding.
The 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.
Chair Doran introduced Administrative Law Judge William W. Peaslee with the Office of Administrative Hearings to the Commission.
Judge Peaslee administered the Oath of Office to Commissioners Wayne R. Boyles III, Chris Loutit, and Jake Parker.
The Chair read into the record the Evaluation of Statement of Economic Interest for Wyatt Dixon III, which states the NC Ethics Commission did not find an actual conflict of interest but found the potential for a conflict of interest. The potential conflict identified does not prohibit service on this entity.
The Chair informed the Commission that, due to the absence of some members from the meeting room, all votes would be conducted by roll call.
APPROVAL OF MINUTES
The Chair asked for any discussion, comments, or corrections concerning the minutes from the June 26, 2025 meeting.
Upon the call of the Chair, the minutes were approved by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
FOLLOW-UP MATTERS
Gasoline and Oil Inspection Board
Upon the call of the Chair, 02 NCAC 42 .0201 was approved by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Department of Labor
The agency submitted a request to withdraw 13 NCAC 07F .0201. No action was required by the Commission.
Private Protective Services Board
The Commission voted to further extend the period of review for 14B NCAC 16 .0701, .0707, .0801, .1203, .1301, .1307, .1401, .1501, .1502 to the August meeting by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Environmental Management Commission
Upon the call of the Chair, 15A NCAC 02B .0733 was approved by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Commission for Public Health
The Commission objected to 15A NCAC 18C .1540 at the June meeting. No action was required by the Commission.
LOG OF FILINGS (PERMANENT RULES)
State Board of Elections
Upon the call of the Chair, 08 NCAC 02 .0110; 09 .0107, .0110; 20 .0101, .0102, and .0103 were approved by roll-call vote, ayes 6, noes 2 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Chris Loutit, Jake Parker, and Paul Powell – 8. Voting in the negative: Jeff Hyde and Randy Overton - 2
Medical Care Commission
Upon the call of the Chair, 10A NCAC 13F .1604 and 10A NCAC 13G .1604 were approved by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
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 10A NCAC 13F .1604 and 10A NCAC 13G .1604.
Interpreter and Transliterator Licensing Board
Upon the call of the Chair, 21 NCAC 25 .0701 was approved by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Board of Examiners for Engineers and Surveyors
Upon the call of the Chair, 21 NCAC 56 .1602 and .1607 were approved by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Existing Rules Review
Board of Agriculture
02 NCAC 20B and 37 - Upon the call of the Chair, the Commission approved the reports as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Gasoline and Oil Inspection Board
02 NCAC 42 - Upon the call of the Chair, the Commission approved the report as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Soil and Water Conservation Commission
02 NCAC 59A, 59B, 59C, 59E, 59F, and 59G - Upon the call of the Chair, the Commission approved the reports as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Board of Agriculture
02 NCAC 60A, 60B, and 60C - Upon the call of the Chair, the Commission approved the reports as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Department of Natural and Cultural Resources
07 NCAC 01, 02H, 02I, and 02J - Upon the call of the Chair, the Commission approved the reports as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Board of Trustees of the North Carolina Museum of Art
07 NCAC 03 - Upon the call of the Chair, the Commission approved the report as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
USS North Carolina Battleship Commission
07 NCAC 05 - Upon the call of the Chair, the Commission approved the report as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Department of Revenue
17 NCAC 05 - Upon the call of the Chair, the Commission approved the report as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Local Government Commission
20 NCAC 03 - Upon the call of the Chair, the Commission approved the report as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Board of Refrigeration Examiners
21 NCAC 60 - Upon the call of the Chair, the Commission approved the report as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
Social Work Certification and Licensure Board
21 NCAC 63 - Upon the call of the Chair, the Commission approved the report as submitted by the agency by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
READOPTION DEADLINES
Environmental Management Commission
15A NCAC 02R – Upon the call of the Chair, the Commission voted to schedule the readoption of these Rules no later than August 1, 2027 pursuant to G.S. 150B-21.3A(d)(2) by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
COMMISSION BUSINESS
The Chair entered into the record a letter of appreciation recognizing the service of outgoing Commissioner Brandon Leebrick.
Upon the call of the Chair, the Commission voted to approve the posting of the proposed amendment to 26 NCAC 05 .0209 for publication in the North Carolina Register and on the OAH website by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
The Chair notified the Commissioners that the proposed 2026 RRC meeting schedule will be taken up at the next meeting.
At 10:31 a.m., upon a motion by the Chair and a second by Commissioner Parker, 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) within the attorney-client privilege to consult with counsel regarding the CRC v. RRC and CJETS v. RRC; and Brian Liebman, in his official capacity as Codifier of Rules by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
The Commission returned to open session and resumed its regular meeting at 11:07 a.m.
The Chair announced that the Commission's officer elections will be held during its September meeting.
Upon the call of the Chair, the meeting adjourned at 11:21 a.m. by roll-call vote, ayes 8, noes 0 as follows: Voting in the affirmative: Wayne R. Boyles III, Wyatt Dixon III, John S. Hahn, Jeff Hyde, Chris Loutit, Randy Overton, Jake Parker, and Paul Powell – 8. Voting in the negative: None.
The next regularly scheduled meeting of the Commission is Thursday, August 28, 2025, at 10:00 a.m.
Alexander Burgos, Paralegal
Minutes approved by the Rules Review Commission:
Jeanette Doran, Chair
July 30, 2025
Rules Review Commission
Meeting
Please Print Legibly
| Name | Agency |
|---|---|
| ANN ELMORE | NC SOS |
| Ben Busch | NC DOJ (NCITLB) |
| Jennifer Everett | DEQ |
| Elly Young | NC DOJ |
| Emily Milady | NCDOT |
| Eric Hunt | NCDOT |
| Helen Landi | NCDOT/HMB |
| Shanah Black | DHSR |
| Das Wall | SOS |
| Laura Lansford | NCDOR |
| Anne Hayworth | WCDA |
| Megan Lamphere | NCDHHS DHSR |
| Barbara Jackson | NCDOL |
| Dwu STh... | NMRS |
| Alyssa Rigsing | NCNRM |
Rules Review Commission Meeting June 26, 2025
Via WebEx
| Name | Agency |
|---|---|
| Brian LiVecchi | NCSBEV |
| Nancy Hunter | DHHS |
| Ashley McGhee | NCDOR |
| April Day | NCDOR |
| Michael Gossett | NCDOR |
| Marlika Hairston | NCCOB |
| Laura Rowe | NC treasurer |
| Elizabeth Hawley | NC treasurer |
| Seth Ascher | OAH |
| Jonathan Avery | DNCR |
| Marcus Helfrich | NCAGR |
| Virginia Niehaus | DHHS |
| Julie Eddins | OAH |
| Misty Piekaar | DHHS |
| Wes Tripp | NCBELS |
| Tracy Turner | DHHS |
| Tameka Riggsbee | DHHS |
| Marilyn Smalls | ABC |
| Kinsey, Elizabeth R | DHHS |
| Renee Metz | ABC |
| Genevieve Kaplan | stateside.com |
| Cliff Isaac | NCHBA |
| Ryan Mitiguy | Hedrick Gardner |
| Elizabeth Pope | NCSWBOARD |
| Joe Starling | NCDOI |
| Shazia Keller | DHHS |
STATE OF NORTH CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS
August 8, 2025
Jennifer Everett, Environmental Management Commission
Sent via email only to: [email protected]
Re: Readoption deadline for 15A NCAC 02R
Dear Ms. Everett,
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 July 30, 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 August 1, 2027.
If you have any questions regarding the Commission's actions, please let me know.
Sincerely,
/s/ Seth Ascher
Seth Ascher
Commission Counsel
Melissa Owens Lassiter, Director
Chief Administrative Law Judge
John C. Evans
Senior Administrative Law Judge
An Equal Employment Opportunity Employer
1711 New Hope Church Road, Raleigh, NC 27609
Telephone: (984) 236-1850 | Facsimile: (984) 236-1871
www.oah.nc.gov
Generated 8/5/2025 at 3:22 PM
RRC DETERMINATION
PERIODIC RULE REVIEW
April 24, 2025
APO Review: June 25, 2025
Environmental Management Commission
Total: 9
RRC Determination: Necessary with substantive public interest
| Rule | Determination |
|---|---|
| 15A NCAC 02R .0102 | Necessary with substantive public interest |
| 15A NCAC 02R .0202 | Necessary with substantive public interest |
| 15A NCAC 02R .0203 | Necessary with substantive public interest |
| 15A NCAC 02R .0301 | Necessary with substantive public interest |
| 15A NCAC 02R .0302 | Necessary with substantive public interest |
| 15A NCAC 02R .0402 | Necessary with substantive public interest |
| 15A NCAC 02R .0403 | Necessary with substantive public interest |
| 15A NCAC 02R .0601 | Necessary with substantive public interest |
| 15A NCAC 02R .0602 | Necessary with substantive public interest |
OATH OF OFFICE
for the
Rules Review Commission
I, Philip J. "Jake" Parker, do solemnly swear (affirm) that I will support the Constitution of the United States.
I, Philip J. "Jake" Parker, 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, Philip J. "Jake" Parker, 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 30th day of July, 2025.
Philip J. "Jake" Parker
William W. Peaslee
Administrative Law Judge
Sworn and subscribed before me this the
30th day of July, 2025.
Angie Sanders
Notary Public
My Commission Expires: February 17, 2026
0
OATH OF OFFICE
for the
Rules Review Commission
I, Wayne R. Boyles, do solemnly swear (affirm) that I will support the Constitution of the United States.
I, Wayne R. Boyles, 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, Wayne R. Boyles, 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 30th day of July, 2025.
Wayne R. Boyles
William W. Peaslee
Administrative Law Judge
Sworn and subscribed before me this the
30th day of July, 2025.
Angie Sanders
Notary Public
My Commission Expires: February 17, 2026
OATH OF OFFICE
for the
Rules Review Commission
I, Christopher Loutit, do solemnly swear (affirm) that I will support the Constitution of the United States.
I, Christopher Loutit, 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, Christopher Loutit, 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 30th day of July, 2025.
Christopher Loutit
William W. Peaslee
Administrative Law Judge
Sworn and subscribed before me this the
30th day of July, 2025.
Angie Sanders
Notary Public
My Commission Expires: February 17, 2026
STATE OF NORTH CAROLINA
OFFICE OF ADMINISTRATIVE HEARINGS
OATH
I, Wyatt T. Dixon, III, do solemnly swear (affirm) that I will support the Constitution of the United States.
I, Wyatt T. Dixon, III, 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, Wyatt T. Dixon, III, 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.
Signature
WYATT T. DIXON, III
Mecklenburg County, North Carolina
Sworn and subscribed before me this the 17th day of July, 2025.
Karen Thies Crane, Notary Public
My Commission Expires: 23 Jun 30
KAREN THIES CRANE
NOTARY PUBLIC
Mecklenburg County
North Carolina
My Commission Expires June 23 2030
1711 NEW HOPE CHURCH ROAD / TELEPHONE: (984) 236-1850 / RALEIGH, NORTH CAROLINA 27609