The Administrative Procedure Act (G.S. 150B) provides for a uniform procedure for the adoption of rules and authorizes OAH to publish the North Carolina Register and the North Carolina Administrative Code.
Except for minor exemptions found in G.S. 150B-1(d) and other agency specific statutes, State agencies and occupational licensing boards/commissions are required to follow this uniform procedure in providing notice to the public and interested persons of proposed rules, and for the filing of adopted rules for review and codification into the Code.
NCGS 150B-2(8a) defines a Rule as “any agency regulation, standard, or statement of general applicability that implements or interprets an enactment of the General Assembly or Congress or a regulation adopted by a federal agency or that describes the procedure or practice requirements of an agency.”
The public is notified of agency rulemaking through a notice published in the North Carolina Register (G.S. 150B-21.2) and posting of required information on the agency’s website [G.S. 150B-19.1(c)]. This notice provides a means for interested parties to participate and debate the merits of a proposed rule before adoption by the agency.
All approved rules adopted by State agencies and licensing boards are published in the North Carolina Administrative Code.
Ten letters of objection subject a proposed rule to legislative review. To count, letters must be received after the agency “adopts” or gives final approval to a rule after the public comment period. Letters are accepted until 5:00 p.m. the day after RRC approves the rule.
Please submit letters requesting a delayed effective date and legislative review via mail, delivery service, or hand delivery to the Office of Administrative Hearings at 1711 New Hope Church Rd., Raleigh, NC 27609. Alternatively, submit letters electronically via email to firstname.lastname@example.org. To submit a letter via email, attach it as a Word or PDF file or copy and paste the contents of the letter into the body of an email. If you have any questions, please contact Rules Division staff.
Rules subject to legislative review and a delayed effective date after receiving 10 or more letters of objection pursuant to G.S. 150B-21.3, pending RRC approval:
Each agency must designate one or more rulemaking coordinators to oversee the agency's rulemaking functions. The coordinator shall serve as the liaison between the agency, other agencies, units of local government, and the public in the rulemaking process. The coordinator shall report directly to the agency head. The coordinator is responsible for carrying out rulemaking tasks, including preparing notices of public hearings, coordinating access to the agency’s rules, ensuring required fiscal notes are completed, and required notifications are done.
If you have a specific question about a rule, OAH recommends that you contact the agency rulemaking coordinator.