RRC Meeting Agenda January 2024

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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 January 24, 2024.  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 January  30, 2024.  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 January 29, 2024, and the deadline to speak regarding a temporary rule is January 31, 2024. 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 
Wednesday, January 31, 2024 at 10:00 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: 2432 711 5806

  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. Department of Administration  – 01 NCAC 06B .0307 (Peaslee)
    2. Medical Care Commission - 10A NCAC 13F .0703, .0704, .1103, .1104, .1106; 13G .0702, .0703, .0704, .1102, .1103, .1106(Peaslee)
    3. Criminal Justice Education and Training Standards Commission - 12 NCAC 09A .0205, .0206; 09B .0103, .0235, .0236, .0301; 09C .0306; 09E .0103; 09F .0103, .0104, .0105; 09G .0307  (Peaslee)
    4. Department of Public Safety - 14B NCAC 03 .0501, .0502, .0503, .0504, .0505, .0506, .0507, .0508, .0509 (Peaslee)
    5. Department of Revenue - 17 NCAC 07B .1601, .1605, .2204, .3101 (Ascher)
    6. Department of Revenue - 17 NCAC 07B .4203, .4210, .4404, .4415, .4503, .4609, .4614, .4701, .4707, .5002   (Peaslee)
    7. Department of the Secretary of State - 18 NCAC 07B .0201, .0202, .0203, .0204, .0205, .0206, .0207, .0208, .0301, .0302, .0303, .0304, .0305, .0306, .0307, .0308, .0309, .0310, .0311, .0312, .0401, .0402, .0403, .0404, .0405, .0406  (Liebman) 
    8. Department of the Secretary of State - 18 NCAC 07F .0101, .0102, .0103, .0201, .0301, .0302, .0303, .0304, .0305, .0401, .0402, .0403, .0404, .0503, .0505, .0506, .0507, .0508, .0509, .0512, .0513, .0601, .0602, .0701, .0702, .0703, .0704, .0705, .0706, .0707, .0708, .0709, .0801, .0802, .0803, .0804, .0805, .0806, .0807, .0808, .0809, .0810, .0811 .0812, .0813, .0814, .0901, .0902, .0903, .0904, .0905, .0906, .1001, .1002, .1003, .1004, .1101, .1102, .1103, .1104, .1105, .1106, .1107, .1108, .1109, .1110, .1111  (Ascher)
    9. Department of the Secretary of State - 18 NCAC 07I .0101, .0102, .0103, .0104, .0105, .0106, .0107, .0201, .0202, .0203, .0204, .0205, .0206, .0207, .0208, .0209, .0210, .0211, .0212, .0301, .0302, .0303, .0304, .0305, .0306, .0307, .0308, .0401, .0402, .0403, .0404, .0405, .0406, .0407  (Liebman)
    10. Board of Nursing -  21 NCAC 36 .0120, .0220, .0233, .0302, .0303, .0309, .0317, .0318, .0320, .0321, .0322, .0323 (Peaslee) No Action
    11. Board of Examiners in Optometry - 21 NCAC 42D .0102 (Peaslee) 
    12. 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) 
    13. Building Code Council - 2024 NC Administrative Code and Policies 221213 Item B-1, 2024 NC Administrative Code and Policies Appendix B, 230314 Item B-13, 2024 NC Plumbing Code, 230314 Item B-1, 2024 NC Residential Code, Chapters 1-10, 25-33, 45, 46, and Appendices (Liebman)
  4. Review of Log of Filings (Permanent Rules) for rules filed November 21, 2023 through December 20, 2023 
    Completed forms for Submission for Permanent Rule
    1. State Board of Elections (Peaslee)
    2. Social Services Commission (Liebman)
    3. Sheriffs' Education and Training Standards Commission (Peaslee)
    4. Alarm Systems Licensing Board (Peaslee)
    5. Wildlife Resources Commission (Wiggs)
    6. Marine Fisheries Commission (Ascher)
    7. 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  Updated 1/30/2024
    1. State Board of Elections - 08 NCAC 20 .0101, .0102, .0103 (Peaslee)
    2. Medical Care Commission - 10A NCAC 13S .0101, .0104, .0111, .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. State Board of Education - 16 NCAC 06D .0510; 06G .0701 (Ascher)
  6. Existing Rule Review
  7. Review of the 2024 State Medical Facilities Plan (Wiggs)
  8. Commission Business
    • Closed session, to consult with attorneys regarding CRC v. RRC, EMC v. RRC, and other potential litigation
      Next meeting: February 28, 2024 

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.