RRC Meeting Agenda September 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 September 14, 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 September 20, 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 September 19, 2023 and the deadline to speak regarding a temporary rule is September 21, 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, September 21, 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: 2422 208 6942

  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 the last meeting 
  4. Follow-up matters
    1. Sheriffs' Education and Training Standards Commission -  12 NCAC 10B .0402, .0403, .0404, .0503, .0604, .0605, .0606, .0607, .0704, .0714, .1302 (Peaslee)
    2. Private Protective Services Board -14B NCAC 16 .0201, .0205, .0403, .0807, .1101, .1501, .1502, .1503, .1504, .1601, .1701, .1702, .1703, .1704, .1705, .1706, .1707, .1708, .1709 (Liebman)
    3. Environmental Management Commission 15A NCAC 02D .0503, .0506, .0532, .0614, .0918, .0926, .0927, .0928, .0932, .0960, .0961, .0964, .1403, and .1708; 15A NCAC 02Q .0102, .0706 (Liebman) No Action
    4. Environmental Management Commission - 15A NCAC 02H .1301, .1401, .1402, .1403, .1404, .1405 (Liebman) No Action
    5. Marine Fisheries Commission - 15A NCAC 03M .0101 (Duke) No Action
    6. Coastal Resources Commission - 15A NCAC 07H .0208, .0308; 07M .0603 (Liebman) No Action
    7. 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) 
    8. Coastal Resources Commission - 15A NCAC 07H .2305 (Duke) No Action
    9. Coastal Resources Commission – 15A NCAC 07M .0201, .0202, .0401, .0402, .0403, .0701, .0703, .0704, .1001, .1002, .1101(Peaslee) No Action
  5. Review of Log of Filings (Permanent Rules) for rules filed July 21, 2023 through August 20, 2023  Updated 9/19/2023
    Completed forms for Submission for Permanent Rule
    1. Board of Agriculture (Liebman)
      Letter of Extension to Period of Review from September meeting    
      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. Child Care Commission (Peaslee)
      Final Revised Rules for RRC Review
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 9/8/2023
      Original Submission of Rules for RRC review
    3. Medical Care Commission (Liebman)
      Letter of Extension to Period of Review from September meeting
      Final Revised Rules for RRC Review
      Request for extension of the period of review 10A NCAC 13F .0702, .1307; 13G .0705, .1301
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency
      Original Submission of Rules for RRC review
    4. Radiation Protection Commission (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
    5. Commission for Public Health 10A NCAC 41A (Liebman)
      Final Revised Rule for RRC Review
    6. Department of Justice (Liebman)
      Letter of Extension to Period of Review from September meeting
      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
    7. Criminal Justice Education and Training Standards Commission (Liebman)
      Letter of Extension to Period of Review from September meeting
      Request for extension of the period of review Updated 9/18/2023
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 9/18/2023
      Original Submission of Rules for RRC review
    8. Commission for Public Health 15A NCAC 18A (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
    9. Department of Revenue 17 NCAC 07B .0100 - .4100 (Ascher)
      Letter of Objection from September meeting
      Final Revised Rules for RRC Review
      Staff Opinion 17 NCAC 07B .0115, .3101, .3107
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 9/19/2023
      Original Submission of Rules for RRC review
    10. Department of Revenue 17 NCAC 07B .4200 - .5000 (Peaslee)
      Letter of Objection from September meeting
      Final Revised Rules for RRC Review
      Staff Opinion 17 NCAC 07B .4206, .4415, .5002
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 9/19/2023
      Original Submission of Rules for RRC review
    11. Local Governmental Employees' Retirement System Board of Trustees (Liebman)
      Final Revised Rules for RRC Review
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 9/19/2023
      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 
    1. Midwifery Joint Committee - 21 NCAC 33 .0101, .0103, .0104, .0105, .0111, .0112, .0114, .0115, .0116, .0117, .0118 (Liebman)
      Final Revised Rules for RRC Review
      Request for Changes Pursuant to G.S. 150B-21.10
      Communication with agency Updated 9/19/2023
      Original Submission of Rules for RRC review
  7. Existing Rule Review
  8. 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.