RRC Meeting Agenda May 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 May 11, 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 May 17, 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 May 16, 2023 and the deadline to speak regarding a temporary rule is May 18, 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, May 18, 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: 2421 649 6361

  1. Ethics reminder by the chair as set out in G.S. 138A-15
  2. Approval of the minutes from April 27, 2023 special meeting
    Approval of the minutes from April 20, 2023 meeting   
  3. Follow-up matters
    1. Medical Care Commission - 10A NCAC 13B .3801, .3903, .4103, .4104, .4106, .4305, .4603, .4801, .4805, .5102, .5105, .5406, .5408, .5411 (Liebman) No Action
    2. Criminal Justice Education and Training Standards Commission - 12 NCAC 09E .0107 (Ascher)No Action
    3. Environmental Management Commission - 15A NCAC 02H .1301, .1401, .1402, .1403, .1404, .1405 (Liebman) No Action 
    4. Environmental Management Commission - 15A NCAC 02B .0315; 02D .0516 (Duke)
    5. Marine Fisheries Commission - 15A NCAC 03M .0101; 18A .0911 (Duke)
    6. Coastal Resources Commission - 15A NCAC 07H .0501,.0502,. 0503, .0505, .0506, .0507, .0508, .0509, .0510; 07I .0406, .0506, .0702; 07J .0203, .0204, .0206, .0207, .0208, .0312 (Liebman) No Action
    7. Coastal Resources Commission - 15A NCAC 07H .2305 (Duke) No Action
    8. Coastal Resources Commission – 15A NCAC 07M .0201, .0202, .0401, .0402, .0403, .0701, .0703, .0704, .1001, .1002, .1101(Peaslee) No Action
    9. Commission for Public Health - 15A NCAC 18A .2801, .2802, .2803, .2804, .2806, .2807, .2808, .2809, .2810, .2812, .2814, .2815, .2816, .2817, .2818, .2819, .2820, .2821, .2822, .2823, .2824, .2825, .2826, .2827, .2829, .2830, .2831, .2832, .2833, .2834, .2835, .2836 (Ascher) 
    10. State Board of Education - 16 NCAC 06G .0601 (Ascher) No Action
    11. Board of Nursing - 21 NCAC 36 .0807 (Peaslee)
  4. Review of Log of Filings (Permanent Rules) for rules filed March 21, 2023 through April 20, 2023  
    Completed forms for Submission for Permanent Rule Updated 5/22/2023
    1. Department of Insurance (Liebman)
      Final Revised Rules for RRC Review
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency
      Original Submission of Rules for RRC review
    2. Wildlife Resources Commission (Duke)
      Final Revised Rules for RRC Review
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 5/22/2023
      Original Submission of Rules for RRC review
    3. Board of Examiners of Electrical Contractors (Liebman)
      Final Revised Rules for RRC Review
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency
      Original Submission of Rules for RRC review
    4. Medical Board (Peaslee)
      Letter of Extension to Period of Review from May meeting
      Final Revised Rules for RRC Review
      Request for extension of the period of review 21 NCAC 32B .1002
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 5/18/2023
      Original Submission of Rules for RRC review
    5. Real Estate Commission (Ascher)
      Final Revised Rules for RRC Review
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 5/15/2023
      Original Submission of Rules for RRC review
    6. Building Code Council (Liebman)
      Final Revised Rules for RRC review
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 5/8/2023
      Original Submission of Rules for RRC review
  5. Review of Log of Filings (Temporary Rules) for any rule filed within 15 business days prior to the RRC Meeting
    1.  Board of Barber and Electrolysis Examiners -21 NCAC 06O .0201, .0202, .0203; 06U .0101, .0106, .0107, .0108, .0109, .0110; 06Z .0101, .0102, .0103, .0104, .0105, .0106, .0107, .0108, .0109, .0110 (Liebman)
      Final Revised Rules for RRC review
      Agency Request to Withdraw 21 NCAC 06O .0202, .0203
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 5/10/2023
      Original Submission of Rules for RRC review
  6. Existing Rule Review
  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.