Under certain conditions, an agency may adopt a temporary rule pursuant to G.S. 150B-21.1 when it finds that adherence to the normal notice and hearing requirements would be contrary to the public interest and that the immediate adoption of the rule is necessary or required.
Unless otherwise provided by law, at least 30 business days prior to adopting a temporary rule, the agency shall submit the text of the proposed temporary rule and a notice of public hearing to the Codifier of Rules, and the Codifier of Rules shall publish the proposed text and the notice of public hearing on the OAH website. The agency must notify interested parties of its intent to adopt a temporary rule and of the public hearing; accept written comments on the proposed temporary rule for at least 15 business days prior to adoption of the temporary rule; and hold at least one public hearing on the proposed temporary rule.
When an agency adopts a temporary rule it must submit the rule and the agency′s written statement of its findings of the need for the rule to the Rules Review Commission (RRC). The Commission or its designee shall review the agency′s written statement of findings of need for the rule and the rule to determine whether the statement meets the criteria for adopting a temporary rule and the rule meets the standards for review set out in G.S. 150B-21.9. If the Commission or its designee finds that the statement meets the criteria, and the rule meets the standards of review, the Commission or its designee must approve the temporary rule and deliver the rule to the Codifier of Rules and the Codifier of Rules must enter the rule into the North Carolina Administrative Code.
If the Commission or its designee finds that the statement does not meet the criteria or that the rule does not meet the review standards, the Commission or its designee will notify the head of the agency. The agency may supplement its statement of need with additional findings or submit a new statement. If an agency decides not to provide additional findings or submit a new statement, the agency must notify the Commission and the rule is returned to the agency.
A temporary rule expires on the earliest of the following dates: the date specified in the rule; the effective date of the permanent rule adopted to replace the temporary rule, if the Commission approves the permanent rule; the date the Commission returns to an agency a permanent rule the agency adopted to replace the temporary rule; the effective date of an act of the General Assembly that specifically disapproves a permanent rule adopted to replace the temporary rule; or 270 days from the date the temporary rule was published in the North Carolina Register, unless the permanent rule adopted to replace the temporary rule has been submitted to the Commission.