Emergency Rules

Under emergency conditions, agencies may adopt emergency rules pursuant to G.S. 150B-21.1A. Within 48 hours of submission to OAH, the Codifier of Rules must review the agency′s written statement of findings of need for the emergency rule. If the Codifier determines that the findings meet the criteria in G.S. 150B-21.1A, the rule is entered into the NCAC on the 6th business day following approval. If the Codifier determines that the findings do not meet the criteria, the rule is returned to the agency. The agency may supplement its findings and resubmit the emergency rule for an additional review or the agency may decide that it will remain with its initial position. The Codifier, thereafter, will enter the rule into the NCAC on the 6th business day following notification from the agency. An agency adopting an emergency rule must begin rulemaking procedures on a temporary rule at the same time the emergency rule is filed with Codifier. The emergency rule expires on the earliest of the following dates: the date specified in the rule; the effective date of the temporary rule adopted to replace the emergency rule, if the Commission approves the temporary rule; the date the Commission returns to an agency a temporary rule the agency adopted to replace the emergency rule; or 60 days from the date the emergency rule was published in the North Carolina Register, unless the temporary rule adopted to replace the emergency rule has been submitted to the Commission.

Emergency Rule Process