G.S. 150B-21.3A requires all agencies to conduct a review of that agency’s rules every ten years, determining whether each rule is necessary or unnecessary. Agencies must post a report issued by the Commission on the agency’s website to invite public comments for at least 60 days on the determinations. A copy of the report is posted on the Office of Administrative Hearings’ website. The agency is then required to respond to public comments by addressing the merits of each comment. After the comment period is over and the agency has had an opportunity to make its final determination, the agency sends the Commission a report of the determinations as well as public comments received and the agency’s responses.
Based upon a review of the public comments, the Commission determines whether it agrees with the agency’s report classifying each rule as necessary or unnecessary. The Commission must also determine if the comment addresses the substance of the rule. If the RRC disagrees with the agency’s determination, the Commission may move the classification of the rule to necessary. The Commission does not have the authority to declare that a rule is “unnecessary” if the agency has not already classified it as “unnecessary.”
The Commission will then send a report to the Joint Legislative Administrative Procedure Oversight Committee (“APO”) at the General Assembly. The Commission’s determination will become final following consultation with the APO or on the 61st day after the report’s submission. The APO may disagree with the Commission determination and recommend to the General Assembly that the agency conduct a review of the rule the following year.