RRC Meeting Agenda December 2023

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NC Office of Administrative Hearings 1711 New Hope Church Road Raleigh NC 27609

Members of the public may submit written comments or sign up to speak at an RRC meeting. Please remember the RRC may only consider comments based upon statutory authority, clarity, necessity, and compliance with the APA as required by G.S. 150B-21.9. 

  1. To submit comments on a permanent rule, email comments to rrc.comments@oah.nc.gov and copy the agency’s Rulemaking Coordinator on the email. The deadline to submit comments for this meeting is December 7, 2023.  For additional information, please see 26 NCAC 05 .0103. 
  2. To submit comments on a temporary rule, email comments to rrc.comments@oah.nc.gov and copy the agency’s Rulemaking Coordinator on the email. The deadline to submit comments for this meeting is December 13, 2023.  For additional information, please see 26 NCAC 05 .0104. 
  3. To speak for or against a rule during an RRC meeting, please email the staff attorney handling the rule requesting to speak and stating whether you will speak in favor of or in opposition to the rule.  Staff attorney assignments are noted next to rules on the agenda below and contact information can be found here. The deadline to sign up to speak regarding a permanent rule is December 12, 2023 and the deadline to speak regarding a temporary rule is December 14, 2023. For additional information, please see 26 NCAC 05 .0105.

The Chair may choose to waive submission deadlines in accordance with the factors in 26 NCAC 05 .0112.

AGENDA 
RULES REVIEW COMMISSION 
Thursday, December 14, 2023 9:00 A.M.

The Commission will meet in person at 1711 New Hope Church Rd., Raleigh, NC 27609.

WebEx Conference Link 

Event Password: 1234 
Audio Conference: +1-415-655-0003 Access code: 2439 824 0493

  1. Ethics reminder by the chair as set out in G.S. 138A-15
  2. Approval of the minutes from the last meeting 
  3. Follow-up matters
    1. Child Care Commission - 10A NCAC 09 .0102, .0601, .1707, .1725, .2204, .2206, .2209, .2611, .2612, .2613, .2614, .2615, .2616 (Ascher) 
    2. DHHS - Division of Health Service Regulation -  10A NCAC 14E .0104, .0106, .0107, .0109, .0112, .0114, .0201, .0202, .0207, .0209, .0210, .0211, .0212, .0315, .0318, .0319, .0320, .0321, .0322, .0323, .0324, .0325, .0326, .0327, .0328, .0329, .0330, .0331 (Liebman) 
    3. Coastal Resources Commission - 15A NCAC 07H .0208, .0308; 07M .0603 (Liebman)  
    4. Department of Revenue - 17 NCAC 07B .1202, .1303, .1404, .1601, .1605, .1705, .2001, .2002, .2204, .3101, .4109 (Ascher)
    5. Department of Revenue - 17 NCAC 07B .4201, .4202, .4203, .4206, .4210, .4404, .4415, .4503, .4510, .4609, .4614, .4701, .4707, .4708, .4801, .5001, .5002, .5004  (Peaslee)
    6. Board of Cosmetic Art Examiners 21 NCAC 14T .0402, .0404 (Peaslee)
    7. Board of Examiners in Optometry - 21 NCAC 42D .0102 (Peaslee) 
    8. Building Code Council - 2024 North Carolina Existing Building Code, Section 101.2 of the 2024 North Carolina Building Code, Section 101.2 of the 2024 North Carolina Existing Building Code, Section 803.2.1.2 of the 2024 North Carolina Existing Building Code, Section 102.13 of the 2024 North Carolina Fire Code, and Section 5706.5.4.5 of the 2024 North Carolina Fire Code (Liebman) No Action
      Letters of Objection and Extension from November meeting
      Communication with agency Updated 11/17/2023
         Prior action on these Rules*
  4. Review of Log of Filings (Permanent Rules) for rules filed October 21, 2023 through November 20, 2023 Updated 12/8/2023
    Completed forms for Submission for Permanent Rule
    1. Department of Administration (Peaslee)
    2. Medical Care Commission (Peaslee)
    3. DHHS - Division of Health Service Regulation (Ascher)
    4. Commission For Mental Health/DD/SAS (Ascher)
    5. Criminal Justice Education and Training Standards Commission (Peaslee)
    6. Department of Labor (Liebman)
    7. Department of Public Safety (Peaslee)
    8. Private Protective Services Board (Liebman)
    9. Coastal Resources Commission (Liebman)
    10. Wildlife Resources Commission (Ascher)
    11. Department of the Secretary of State 18 NCAC 07B (Liebman) 
    12. Department of the Secretary of State 18 NCAC 07F (Ascher)
    13. Department of the Secretary of State 18 NCAC 07I, 07K (Liebman)
    14. Board of Chiropractic Examiners (Peaslee)
    15. Board of Nursing (Peaslee)
    16. Board of Examiners in Optometry (Peaslee)
    17. Building Code Council (Liebman)
  5. Review of Log of Filings (Temporary Rules) for any rule filed within 15 business days prior to the RRC Meeting 
    1. State Human Resources Commission - 25 NCAC 01E .1903 (Peaslee)
  6. Existing Rule Review
    1. Review of Reports
    2.  Request for change to 2024-2027 Existing Rules Review Schedule
      1. Proposed change to 2024-2027 Existing Rules Review Schedule
      2. 10A NCAC 27G - DHHS - Commission for MH/DD/SAS and Division of MH/DD/SAS (Liebman) Updated 12/12/2023
        Communication with agency 12/12/2023
      3. 15A NCAC 13B - Department of Environmental Quality (Liebman)
        Communication with agency
  7. Commission Business

Comments and Objections submitted electronically shall be sent to rrc.comments@oah.nc.gov.

* Links to previous meetings where actions were taken by Staff or the RRC.