RRC Meeting Agenda November 2023

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 November 9, 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 November 15, 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 November 14, 2023 and the deadline to speak regarding a temporary rule is November 16, 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, November 16, 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: 2427 313 0988

1. Ethics reminder by the chair as set out in G.S. 138A-15
2. Approval of the minutes from the October 19, 2023 meeting 
   Approval of the minutes from the November 6, 2023 emergency meeting
3. Follow-up matters
   
   1. Board of Agriculture - 02 NCAC 52B .0214; 52J .0901, .0902, .0903, .0904 (Liebman) 
      • Final Revised Rules for RRC Review 
        Agency request to withdraw rule 02 NCAC 52J .0904
        Letter of Extension to Period of Review from September meeting 
        Communication with agency Updated 11/2/2023
        Original Submission of Rules for RRC review
         Prior action on these Rules*
   2. Medical Care Commission - 10A NCAC 13F .0702, .1307; 13G .0705, .1301 (Liebman) 
      • Final Revised Rules for RRC Review 
        Letter of Extension to Period of Review from September meeting
        Communication with agency Updated 11/13/2023
        Communication with public
        Original Submission of Rules for RRC review
         Prior action on these Rules*
   3. 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) 
      • Final Revised Rules for RRC review
        Agency request to withdraw rules 10A NCAC 14E .0104, .0112, .0114, .0201, .0202, .0207, .0209, .0210, .0211, .0212, .0315, .0318, .0319, .0320, .0321, .0322, .0323, .0324, .0325, .0326, .0327, .0328, .0329, .0330, .0331
        Letter of Objection from October meeting  
        Communication with agency Updated 12/14/2023
        Original Submission of Rules for RRC review
         Prior action on these Rules*
   4. Department of Justice - 12 NCAC 02J .0201 (Liebman) No Action
      • Agency request to withdraw rule 12 NCAC 02J .0201
        Letter of Extension to Period of Review from September meeting
        Communication with agency Updated 10/16/2023
        Original Submission of Rules for RRC review
         Prior action on these Rules*
   5. Criminal Justice Education and Training Standards Commission - 12 NCAC 09B .0209, .0403, .0501, .0502; 09C .0306; 09G .0405, .0406 (Liebman) 
      • Final Revised Rules for RRC Review
        Agency request to withdraw rule 12 NCAC 09C .0306 
        Letter of Extension to Period of Review from September meeting
        Communication with agency Updated 11/9/2023
        Original Submission of Rules for RRC review
         Prior action on these Rules*
   6. Coastal Resources Commission - 15A NCAC 07H .0208, .0308; 07M .0603 (Liebman) No Action 
      • Letter of Objection from August meeting
        Communication with agency Updated 11/20/2023
        Original Submission of Rules for RRC review
        Letters Requesting Legislative Review 15A NCAC 07H .0208; 07M .0603
           Prior action on these Rules*
        
   7. Department of Revenue - 17 NCAC 07B .0115, .0901, .0902, .0904, .1101, .1123, .1202, .1301, .1302, .1303, .1305, .1404, .1601, .1602, .1605, .1701, .1702, .1704, .1705, .1801, .1905, .1907, .2001, .2002, .2101, .2102, .2105, .2201, .2204, .2205, .2209, .2210, .2212, .2213, .2301, .2401, .2603, .2604, .2605, .2701, .2702, .2801, .2802, .2901, .3004, .3009, .3101, .3106, .3107, .3301, .3302, .3801, .3804, .3907, .3910, .4102, .4105, .4106, .4109  (Ascher)
      • Letter of Continued Objection from November meeting 
        Final Revised Rules for RRC Review
        Request for Changes Pursuant to G.S. 150B-21.10 Updated 10/31/2023
        Staff Opinion 17 NCAC 07B .0115, .3101, .3107
        Letter of Objection from October meeting
        Communication with agency Updated 11/20/2023
        Original Submission of Rules for RRC review
         Prior action on these Rules*
   8. Department of Revenue - 17 NCAC 07B .4201, .4202, .4203, .4205, .4206, .4210, .4301, .4302, .4401, .4403, .4404, .4406, .4411, .4413, .4415, .4503, .4510, .4609, .4614, .4701, .4707, .4708, .4801, .5001, .5002, .5004 (Peaslee)
      • Letters of Objection and Continued Objection from November meeting 
        Final Revised Rules for RRC Review
        Request for Changes Pursuant to G.S. 150B-21.10
        Staff Opinion 17 NCAC 07B .4203, .4210, .4301, .4404, .4503, .4609,  .4701
        Staff Opinion 17 NCAC 07B .4206, .4415, .4614, .5002
        Letter of Objection from October meeting
        Communication with agency Updated 11/20/2023
        Original Submission of Rules for RRC review
        Prior action on these Rules*
   9. Board of Examiners in Optometry - 21 NCAC 42D .0102 (Peaslee)
      • Letter of Objection from November meeting
        Final Revised Rules for RRC Review
        Staff Opinion Updated 11/15/2023
        Letter of Extension from October meeting
        Communication with agency Updated 11/15/2023
        Original Submission of Rules for RRC review
         Prior action on these Rules*
4. Review of Log of Filings (Permanent Rules) for rules filed September 21, 2023 through October 20, 2023 Updated 11/14/2023
   Completed forms for Submission for Permanent Rule
   1. Child Care Commission (Ascher)
      Request for extension of the period of review 
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency
      Original Submission of Rules for RRC review
   2. Sheriffs' Education and Training Standards Commission (Peaslee)
      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
   3. Licensing Board for General Contractors (Peaslee)
      Final Revised Rules for RRC Review
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 11/9/2023
      Original Submission of Rules for RRC review
   4. Board of Cosmetic Art Examiners (Peaslee)
      Letter of Objection from November meeting
      Final Revised Rules for RRC Review
      Staff Opinion 21 NCAC 14T .0402, .0404
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 11/17/2023
      Original Submission of Rules for RRC review
   5. Board of Dental Examiners (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
   6. Board of Nursing (Peaslee) 
      Final Revised Rules for RRC Review 
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 11/9/2023
      Original Submission of Rules for RRC review
   7. Building Code Council (Liebman)
      Letters of Objection and Extension from November meeting
      Staff Opinion
      Communication with agency Updated 11/17/2023
      Original Submission of Rules for RRC review:
      1.  2024 NC Building Code Proposed Chapters 1-36
            2024 NC Building Code (221213 Item B-3)
            2024 NC Building Code/Scope - Section 101.2 (230314 Item B-8)
            2024 NC Building Code Supplement - Submitted 10/31/2023
              2021 International Building Code
      2.  2024 NC Existing Building Code Proposed
         2024 NC Existing Building Code (221213 Item B-5)
         2024 NC Existing Building Code - Section 101.2 (230314 Item B-10)
         2024 NC Existing Building Code/Low-rise Buildings - Section 803.2.1.2 (230314 Item B-12)
         2024 NC Existing Building Code Supplement - Submitted 10/31/2023
              2021 International Existing Building Code
      3.   2024 NC Fire Code
         2024 NC Fire Code (221213 Item B-4)
         2024 NC Fire Code/Exception to Applicability - Section 102.13 (230314 Item B-9)
         2024 NC Fire Code/Commercial, Industrial, Govt. or Mfg. Establishment - Section 5706.5.4.5 (230314 Item B-15)
         2024 NC Fire Code Supplement - Submitted 10/31/2023
                 2021 International Fire Code
5. Review of Log of Filings (Temporary Rules) for any rule filed within 15 business days prior to the RRC Meeting 
6. Existing Rule Review
   1. Request for change to 2024-2027 Existing Rules Review Schedule 
7. Commission Business
   • Closed session, to consult with attorneys regarding CRC v. RRC, EMC v. RRC, and other potential litigation

• Next meeting: December 14, 2023 

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