Important Rule Changes for the Rules Review Commission And Update on Rules Checklist
By At the November 17, 2022, meeting of the Rules Review Commission, it was announced that at the December 15, 2022, meeting, the Commission will review proposed changes to its rules concerning extension of time and other rules concerning the filling and review of rules. Though not presented at this meeting, the proposed changes have now been published on the Rules Review Commission website. The proposed changes will be reviewed and voted on at the December 15, 2022, meeting. Section members are encouraged to review the changes, file any comments with the Commission and be at the December 15, 2022, meeting.
In addition, the staff will propose the Existing Rules Review (ERR) schedule for the next ten years at the December meeting. The proposed schedule puts all rules designated “necessary without substantive public interest” in the first cycle to be reviewed first in the next cycle. Staff also stated that the next ten-year cycle would consist of all agencies going through the first phase of the cycle in the first three years, with all readoptions scheduled for the following seven years. The brief explanation by staff was that this scheduling was due to agencies, boards and commissions having avoided (or evaded) existing rules review by designating rules as “necessary without substantive public interest.” There appears to be a misunderstanding by staff as to the statutory classifications and process in the prior review.
The Pre-Review Rule Check List developed by the section was presented to the Commission at the meeting. The Commission was very appreciative of this work. At the December meeting, the Commission will hear from staff as to the process for pre-review of rules and responses to public comments and the section’s proposed check list. The stated intent is that the Commission will make a final decision on pre-review at the December 15, 2022, meeting.
The December 15, 2022, meeting will be an important meeting. Please review the rule changes and proposed new rules for the RRC and its processes. I encourage you to attend this meeting and make any comments to the Commission in writing prior to the meeting. Submit comments to RRC by following its rule: 26 NCAC 05 .0103 Submission Of Written Comments Concerning Permanent Rules To The RRC. If you wish to speak on the proposed rules at the meeting, you will need to follow the RRC’s rule: 26 NCAC 05 .0105 Required Notice Prior To Oral RRC Presentation.