Agency Rulemaking Petition - North Carolina

PETITION FOR RULEMAKING — NORTH CAROLINA

Agency-Specific Submission and Response Packet

Start with the agency's own current petition rule. Section 150B-20 requires every agency to establish its submission and consideration procedures by rule. This packet supplies the statutory core but does not override an agency's required form, address, portal, number of copies, signature rule, or supporting-material requirements.

1. AGENCY PROCEDURE AND AUTHORITY GATE

1.1 Agency-specific filing procedure

1.2 Requested action

Section 150B-2 defines “adopt” to include creating, amending, or repealing a rule.

☐ Create a new rule.

☐ Amend [____] NCAC [________________].

☐ Repeal [____] NCAC [________________].

☐ Other request that is not rule adoption — stop and identify the correct process: [________________].

1.3 Agency statutory authority

The requested rule must fall within the agency's delegated authority. Do not rely on Chapter 150B itself as the substantive authority for the requested regulatory result.

☐ No conflict with a statute, constitutional provision, binding court order, or superior federal requirement was identified.

☐ Authority is uncertain. Do not file until counsel resolves it.

2. PETITIONER AND DELIVERY CONTROL

2.1 Petitioner

2.2 Submission record

Do not calculate the 30- or 120-day period until the agency type and the date the petition is “submitted” under the agency's current rule are confirmed.

3. COVER LETTER

[__/__/____]

[RECIPIENT NAME AND TITLE]

[AGENCY]

[ADDRESS]

Re: Petition under N.C. Gen. Stat. § 150B-20 to [CREATE / AMEND / REPEAL] [RULE]

Dear [________________]:

[PETITIONER] submits the enclosed written rulemaking petition under N.C. Gen. Stat. § 150B-20 and the Agency's petition rule, [____] NCAC [________________].

The petition requests that the Agency:

☐ create [PROPOSED RULE CITE];

☐ amend [EXISTING RULE CITE]; or

☐ repeal [EXISTING RULE CITE].

For a requested creation or amendment, the enclosed petition includes proposed text and a statement of effect. The package also includes the authority record, supporting comments, and exhibits listed below.

Please confirm the Agency's receipt date and the person responsible for the petition. Section 150B-20 requires the Agency to process the petition under its current rule and to grant or deny it within the applicable statutory period.

Respectfully submitted,

Signature: ______________________________________

Printed name: [________________]

Title / capacity: [________________]

4. FORMAL RULEMAKING PETITION

BEFORE [AGENCY LEGAL NAME]

PETITION TO [CREATE / AMEND / REPEAL] A RULE UNDER N.C. GEN. STAT. § 150B-20

4.1 Petitioner and interest

1. Petitioner is [FULL LEGAL NAME AND STATUS].
2. Petitioner's address and contact information are [________________].
3. Petitioner is affected by the existing regulatory position because [SPECIFIC FACTS].

4.2 Action requested

4. Petitioner asks the Agency to:

☐ create proposed [____] NCAC [________________];

☐ amend current [____] NCAC [________________]; or

☐ repeal current [____] NCAC [________________].

5. A clean copy and marked comparison of the requested text are attached as Exhibit [____].

4.3 Existing law and delegated authority

6. The Agency's substantive rulemaking authority is [CITATION AND OPERATIVE TEXT].
7. The current rule, policy, or regulatory gap is [________________].
8. The requested action fits that authority because [________________].
9. Related statutes, federal requirements, local provisions, and existing NCAC rules are [________________].

4.4 Facts and need

10. The material facts supporting the request are:

a. [____________________________________________________________]

b. [____________________________________________________________]

c. [____________________________________________________________]

d. [____________________________________________________________]

11. The persons, entities, operations, or public interests affected are [________________].
12. The existing approach produces these documented effects: [________________].
13. The requested action would address those effects by [________________].

4.5 Alternatives

14. Petitioner considered these alternatives:

4.6 Requested agency action

Petitioner asks the Agency to grant this petition and initiate rulemaking proceedings. If the Agency denies the petition, Petitioner requests the written statement of reasons required by § 150B-20(c).

Signature: ______________________________________

Printed name: [________________]

Capacity: [________________]

Date: [__/__/____]

5. PROPOSED TEXT

Section 150B-20(a) requires proposed text and a statement of effect when the petition asks the agency to create or amend a rule. For a repeal request, use the agency's required format and clearly identify the entire rule or provisions proposed for repeal.

5.1 Rule identification

Current / proposed citation: [____] NCAC [________________]

Rule title: [________________]

Action: ☐ Create ☐ Amend ☐ Repeal

5.2 Marked text

Attach the agency-required coded, underlined, struck-through, clean, or other official formatting as Exhibit [____].

5.3 Drafting controls

☐ Defined terms are consistent with the authorizing statute and existing NCAC chapter.

☐ Mandatory and discretionary verbs are intentional.

☐ Duties, conditions, exceptions, records, dates, enforcement terms, and cross-references are complete.

☐ No guidance, policy, form instruction, or enforcement preference is incorrectly written as binding law.

☐ Internal rule citations and statutory references were checked against current official text.

6. STATEMENT OF EFFECT

Required for a requested creation or amendment. Complete with sourced facts; do not present speculation as established effect.

6.1 Persons and conduct affected

[____________________________________________________________]

6.2 Rights, duties, procedures, or privileges changed

[____________________________________________________________]

6.3 Compliance actions and timing

[____________________________________________________________]

6.4 Government administration and enforcement

[____________________________________________________________]

6.5 Financial, operational, small-business, and public effects

6.6 Uncertainty and assumptions

[____________________________________________________________]

This statement is intended to describe the requested rule's effect for § 150B-20. It does not replace any fiscal note, regulatory-impact analysis, federal review, or other analysis the Agency must perform if it grants the petition.

7. WRITTEN COMMENTS AND SUPPORTING RECORD

Section 150B-20 permits written comments with the petition.

7.1 Comments

[____________________________________________________________]

[____________________________________________________________]

7.2 Evidence table

7.3 Stakeholder record

Do not include confidential, proprietary, personal, or protected information without a current disclosure and redaction analysis.

8. EXHIBITS

9. STATUTORY RESPONSE CALENDAR

9.1 OAH distribution

Section 150B-20(a) requires the receiving agency, within three business days after receipt, to send OAH the proposed text and statement of effect. OAH then has three business days after its receipt to distribute and publish the information.

The petitioner does not substitute its own OAH submission for the agency's statutory duty unless current agency or OAH instructions expressly direct otherwise.

9.2 Agency decision

Selected classification: [________________]

Counsel-calculated date: [__/__/____]

9.3 Outcome record

☐ Granted. Agency informed Petitioner and initiated rulemaking.

☐ Denied in writing. Reasons received on [__/__/____].

☐ No timely grant or denial. Section 150B-20(d) treats failure within the applicable period as denial.

10. DENIAL OR FAILURE-TO-ACT HANDOFF

Section 150B-20(d) makes denial a final agency decision subject to Article 4 judicial review. This packet does not calculate the judicial-review deadline, venue, service, record, preservation, exhaustion, or standard for a particular denial.

If review is considered, immediately create a separate current-law control sheet:

Do not assume that the agency's 30- or 120-day petition-response period is the court-filing period.

11. FINAL FILING CHECKLIST

☐ Agency-specific petition rule fetched and followed.

☐ Correct agency, board, commission, recipient, and address confirmed.

☐ Create, amend, or repeal request identified.

☐ Substantive statutory authority verified from current official law.

☐ Current official NCAC text attached.

☐ Proposed text and statement of effect included when required.

☐ Written comments and evidence accurately sourced.

☐ Confidential-information review complete.

☐ Signature, verification, copies, format, and attachments satisfy agency rules.

☐ Trackable proof of submission retained.

☐ Three-business-day OAH and 30-/120-day agency dates calendared.

☐ Judicial-review advice removed from this filing packet and reserved for a separate current-law review.

OFFICIAL CURRENT-SOURCE LINKS

• N.C. Gen. Stat. § 150B-20: https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_150B/GS_150B-20.pdf
• North Carolina Administrative Code: https://www.oah.nc.gov/rules-division/north-carolina-administrative-code
• North Carolina Register: https://www.oah.nc.gov/rules-division/north-carolina-register
• OAH rulemaking information: https://www.oah.nc.gov/rules-division