Section 150B-21.9 - Standards and timetable for review by Commission(a) Standards. - The Commission must determine whether a rule meets all of the following criteria:(1) It is within the authority delegated to the agency by the General Assembly.(2) It is clear and unambiguous.(3) It is reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency. The Commission shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed.(4) It was adopted in accordance with Part 2 of this Article. The Commission shall not consider questions relating to the quality or efficacy of the rule but shall restrict its review to determination of the standards set forth in this subsection.
The Commission may ask the Office of State Budget and Management to determine if a rule has a substantial economic impact and is therefore required to have a fiscal note. The Commission must ask the Office of State Budget and Management to make this determination if a fiscal note was not prepared for a rule and the Commission receives a written request for a determination of whether the rule has a substantial economic impact.
In the event that a proposed temporary or permanent rule fails to comply with any of the standards set forth in this section, the Commission shall object to the temporary or permanent rule.
(b) Timetable. - The Commission must review a permanent rule submitted to it on or before the twentieth of a month by the last day of the next month. The Commission must review a rule submitted to it after the twentieth of a month by the last day of the second subsequent month. The Commission must review a temporary rule in accordance with the timetable and procedure set forth in G.S. 150B-21.1.N.C. Gen. Stat. § 150B-21.9
Amended by 2023 N.C. Sess. Laws 134,s. 21.2-g, eff. 9/22/2023.Amended by 2003 N.C. Sess. Laws 0229, s. 9, eff. 7/1/2003.Amended by 2001 - 424, s. 12.2(b), eff. 7/1/2001. 1991 , c. 418, s. 1; 1995 , c. 507, s. 27.8 (f); 2000-140, s. 93.1(a).