RRC Meeting Agenda October 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 October 12, 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 October 18, 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 October 17, 2023 and the deadline to speak regarding a temporary rule is October 19, 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, October 19, 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: 2435 291 4349

  1. Ethics reminder by the chair as set out in G.S. 138A-15
  2. Oath of Office for Commissioners
  3. Approval of the minutes from October 5, 2023 special meeting   
    Approval of the minutes from the September 21, 2023 meeting 
  4. Follow-up matters
    1. Board of Agriculture - 02 NCAC 52B .0214; 52J .0901, .0902, .0903, .0904 (Liebman) No Action
    2. Medical Care Commission - 10A NCAC 13F .0702, .1307; 13G .0705, .1301 (Liebman) No Action
    3. Department of Justice - 12 NCAC 02J .0201 (Liebman) No Action
    4. Criminal Justice Education and Training Standards Commission - 12 NCAC 09B .0209, .0403, .0501, .0502; 09C .0306; 09G .0405, .0406 (Liebman) No Action
    5. Sheriffs' Education and Training Standards Commission -  12 NCAC 10B .0604, .0605, .0606, .0607, .0704, .0714 (Peaslee)
    6. Private Protective Services Board -14B NCAC 16 .0201, .0205, .0403, .0807, .1101, .1501, .1502, .1601, .1701, .1706, 1707(Liebman)
    7. Environmental Management Commission - 15A NCAC 02D .0503, .0506, .0532, .0614, .0918, .0926, .0927, .0928, .0932, .0960, .0961, .0964, .1403, .1708; 02Q .0102, .0706 (Liebman) 
    8. Coastal Resources Commission - 15A NCAC 07H .0208, .0308; 07M .0603 (Liebman) No Action
    9. Department of Revenue - 17 NCAC 07B .0104, .0106, .0108, .0112, .0115, .0117, .0121, .0801, .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)
    10. Department of Revenue - 17 NCAC 07B .4201, .4202, .4203, .4204, .4205, .4206, .4210, .4301, .4302, .4401, .4403, .4404, .4406, .4411, .4413, .4415, .4503, .4510, .4609, .4614, .4701, .4707, .4708, .4716, .4801, .4802, .4803, .5001, .5002, .5004 (Peaslee)
  5. Review of Log of Filings (Permanent Rules) for rules filed August 21, 2023 through September 20, 2023  Updated 10/16/2023
    Completed forms for Submission for Permanent Rule
    1. 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
    2. Wildlife Resources Commission (Ascher)  
      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. State Board of Education (Ascher)
      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. Board of Examiners in Optometry (Peaslee)
      Letter of Extension from October meeting
      Final Revised Rules for RRC Review
      Staff Opinion 21 NCAC 42D.0102
      Request for extension of the period of review 21 NCAC 42D.0102
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 10/16/2023
      Original Submission of Rules for RRC review
  6. Review of Log of Filings (Temporary Rules) for any rule filed within 15 business days prior to the RRC Meeting Updated 10/18/2023
    1.  DHHS - Division of Health Service Regulation - 10A NCAC 14E .0101, .0102, .0104, .0106, .0107, .0108, .0109, .0110, .0111, .0112, .0113, .0114, .0201, .0202, .0207, .0209, .0210, .0211, .0212, .0213, .0315, .0317, .0318, .0319, .0320, .0321, .0322, .0323, .0324, .0325, .0326, .0327, .0328, .0329, .0330, .0331, .0403, .0404 (Liebman)
    2. State Board of Education - 16 NCAC 06C .0408 (Ascher) 
  7. Existing Rule Review
  8. Commission Business
  • Next meeting: November 16, 2023 

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.