Bill Text: NC H1109 | 2013-2014 | Regular Session | Amended
Bill Title: Clarify Existing Rule Readoption Process
Spectrum: Slight Partisan Bill (Republican 5-3)
Status: (Introduced - Dead) 2014-06-04 - Ref To Com On Rules and Operations of the Senate [H1109 Detail]
Download: North_Carolina-2013-H1109-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
H 2
HOUSE BILL 1109*
Committee Substitute Favorable 5/28/14
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Short Title: Clarify Existing Rule Readoption Process. |
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Referred to: |
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May 19, 2014
A BILL TO BE ENTITLED
AN ACT to clarify the process for readoption of existing rules in accordance with the periodic review and expiration of existing rules Provision of the Administrative procedure act, as recommended by the joint legislative administrative procedure oversight committee.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 150B‑21.3A(d) reads as rewritten:
"(d) Timetable. – The Commission shall establish a schedule for the review and readoption of existing rules in accordance with this section on a decennial basis as follows:
(1) With regard to the agency review process,
the Commission shall assign by assigning each Title of the
Administrative Code a date by which the review required by this section must be
completed. In establishing the schedule, the Commission shall consider the
scope and complexity of rules subject to this section and the resources
required to conduct the review required by this section. The Commission shall
have broad authority to modify the schedule and extend the time for review in
appropriate circumstances. Except as provided in subsection subsections
(d1) and (e) of this section, if the agency fails to conduct the review by
the date set by the Commission, the rules contained in that Title which have
not been reviewed will expire. The Commission shall report to the Committee
any agency that fails to conduct the review. The Commission may exempt
rules that have been adopted or amended within the previous 10 years from the
review required by this section. However, any rule exempted on this basis must
be reviewed in accordance with this section no more than 10 years following the
last time the rule was amended.
(2) With regard to the readoption of rules as required by sub-subdivision (c)(2)g. of this section, once the final determination report becomes effective, the Commission shall establish a date by which the agency must readopt the rules. The Commission shall consult with the agency and shall consider the agency's rule-making priorities in establishing the readoption date. The agency may amend a rule as part of the readoption process. If a rule is readopted without substantive change, the agency is not required to prepare a fiscal note as provided by G.S. 150B‑21.4."
SECTION 2. This act is effective when it becomes law.
