reglab/housing_qa huggingface dataset:
NC Gen Stat § 150B-19 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-19 - Restrictions on what can be adopted as a rule.

 150B-19. Restrictions on what can be adopted as a rule.An agency may not adopt a rule that does one or more of the following:(1) Implements or interprets a law unless that law or another law specifically authorizes the agency to do so.(2) Enlarges the scope of a profession, occupation, or field of endeavor for which an occupational license is required.(3) Imposes criminal liability or a civil penalty for an act or omission, including the violation of a rule, unless a law specifically authorizes the agency to do so or a law declares that violation of the rule is a criminal offense or is grounds for a civil penalty.(4) Repeats the content of a law, a rule, or a federal regulation. A brief statement that informs the public of a requirement imposed by law does not violate this subdivision and satisfies the "reasonably necessary" standard of review set in G.S. 150B-21.9(a)(3).(5) Establishes a fee or other charge for providing a service in fulfillment of a duty unless a law specifically authorizes the agency to do so or the fee or other charge is for one of the following:a. A service to a State, federal, or local governmental unit.b. A copy of part or all of a State publication or other document, the cost of mailing a document, or both.c. A transcript of a public hearing.d. A conference, workshop, or course.e. Data processing services.(6) Allows the agency to waive or modify a requirement set in a rule unless a rule establishes specific guidelines the agency must follow in determining whether to waive or modify the requirement.(7) Repealed by Session Laws 2011-398, s. 61.2, effective July 25, 2011.  (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 418, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 7.10(a); 2011-13, s. 1; 2011-398, s. 61.2.)
NC Gen Stat § 150B-19.3 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-19.3 - Limitation on certain environmental rules.

 150B-19.3. Limitation on certain environmental rules.(a) An agency authorized to implement and enforce State and federal environmental laws may not adopt a rule for the protection of the environment or natural resources that imposes a more restrictive standard, limitation, or requirement than those imposed by federal law or rule, if a federal law or rule pertaining to the same subject matter has been adopted, unless adoption of the rule is required by one of the subdivisions of this subsection. A rule required by one of the following subdivisions of this subsection shall be subject to the provisions of G.S. 150B-21.3(b1) as if the rule received written objections from 10 or more persons under G.S. 150B-21.3(b2):(1) A serious and unforeseen threat to the public health, safety, or welfare.(2) An act of the General Assembly or United States Congress that expressly requires the agency to adopt rules.(3) A change in federal or State budgetary policy.(4) A federal regulation required by an act of the United States Congress to be adopted or administered by the State.(5) A court order.(b) For purposes of this section, "an agency authorized to implement and enforce State and federal environmental laws" means any of the following:(1) The Department of Environmental Quality created pursuant to G.S. 143B-279.1.(2) The Environmental Management Commission created pursuant to G.S. 143B-282.(3) The Coastal Resources Commission established pursuant to G.S. 113A-104.(4) The Marine Fisheries Commission created pursuant to G.S. 143B-289.51.(5) The Wildlife Resources Commission created pursuant to G.S. 143-240.(6) The Commission for Public Health created pursuant to G.S. 130A-29.(7) The Sedimentation Control Commission created pursuant to G.S. 143B-298.(8) The North Carolina Oil and Gas Commission created pursuant to G.S. 143B-293.1.(9) The Pesticide Board created pursuant to G.S. 143-436.  (2011-398, s. 2; 2012-143, s. 1(d); 2014-4, s. 4(c); 2014-120, s. 57; 2015-241, s. 14.30(u).)
NC Gen Stat § 150B-20 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-20 - Petitioning an agency to adopt a rule.

 150B-20. Petitioning an agency to adopt a rule.(a) Petition. - A person may petition an agency to adopt a rule by submitting to the agency a written rule-making petition requesting the adoption. A person may submit written comments with a rule-making petition. If a rule-making petition requests the agency to create or amend a rule, the person must submit the proposed text of the requested rule change and a statement of the effect of the requested rule change. Each agency must establish by rule the procedure for submitting a rule-making petition to it and the procedure the agency follows in considering a rule-making petition. An agency receiving a rule-making petition shall, within three business days of receipt of the petition, send the proposed text of the requested rule change and the statement of the effect of the requested rule change to the Office of Administrative Hearings. The Office of Administrative Hearings shall, within three business days of receipt of the proposed text of the requested rule change and the statement of the effect of the requested rule change, distribute the information via its mailing list and publish the information on its Web site.(b) Time. - An agency must grant or deny a rule-making petition submitted to it within 30 days after the date the rule-making petition is submitted, unless the agency is a board or commission. If the agency is a board or commission, it must grant or deny a rule-making petition within 120 days after the date the rule-making petition is submitted.(c) Action. - If an agency denies a rule-making petition, it must send the person who submitted the petition a written statement of the reasons for denying the petition. If an agency grants a rule-making petition, it must inform the person who submitted the rule-making petition of its decision and must initiate rule-making proceedings. When an agency grants a rule-making petition, the notice of text it publishes in the North Carolina Register may state that the agency is initiating rule making as the result of a rule-making petition and state the name of the person who submitted the rule-making petition. If the rule-making petition requested the creation or amendment of a rule, the notice of text the agency publishes may set out the text of the requested rule change submitted with the rule-making petition and state whether the agency endorses the proposed text.(d) Review. - Denial of a rule-making petition is a final agency decision and is subject to judicial review under Article 4 of this Chapter. Failure of an agency to grant or deny a rule-making petition within the time limits set in subsection (b) is a denial of the rule-making petition.(e) Repealed by Session Laws 1996, Second Extra Session, c. 18, s. 7.10(b).  (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 418, s. 1; c. 477, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 7.10(b); 1997-34, s. 2; 2003-229, s. 1; 2017-211, s. 1(a).)
NC Gen Stat § 150B-21 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21 - Agency must designate rule-making coordinator; duties of coordinator.

 150B-21. Agency must designate rule-making coordinator; duties of coordinator.(a) Each agency must designate one or more rule-making coordinators to oversee the agency's rule-making functions. The coordinator shall serve as the liaison between the agency, other agencies, units of local government, and the public in the rule-making process. The coordinator shall report directly to the agency head.(b) The rule-making coordinator shall be responsible for the following:(1) Preparing notices of public hearings.(2) Coordinating access to the agency's rules.(3) Screening all proposed rule actions prior to publication in the North Carolina Register to assure that an accurate fiscal note has been completed as required by G.S. 150B-21.4(b).(4) Consulting with the North Carolina Association of County Commissioners and the North Carolina League of Municipalities to determine which local governments would be affected by any proposed rule action.(5) Providing the North Carolina Association of County Commissioners and the North Carolina League of Municipalities with copies of all fiscal notes required by G.S. 150B-21.4(b), prior to publication in the North Carolina Register of the proposed text of a permanent rule change.(6) Coordinating the submission of proposed rules to the Governor as provided by G.S. 150B-21.26.(c) At the earliest point in the rule-making process and in consultation with the North Carolina Association of County Commissioners, the North Carolina League of Municipalities, and with samples of county managers or city managers, as appropriate, the rule-making coordinator shall lead the agency's efforts in the development and drafting of any rules or rule changes that could:(1) Require any unit of local government, including a county, city, school administrative unit, or other local entity funded by or through a unit of local government to carry out additional or modified responsibilities;(2) Increase the cost of providing or delivering a public service funded in whole or in part by any unit of local government; or(3) Otherwise affect the expenditures or revenues of a unit of local government.(d) The rule-making coordinator shall send to the Office of State Budget and Management for compilation a copy of each final fiscal note prepared pursuant to G.S. 150B-21.4(b).(e) The rule-making coordinator shall compile a schedule of the administrative rules and amendments expected to be proposed during the next fiscal year. The coordinator shall provide a copy of the schedule to the Office of State Budget and Management in a manner proposed by that Office.(f) Repealed by Session Laws 2011-398, s. 3, effective October 1, 2011, and applicable to rules adopted on or after that date.  (1991, c. 418, s. 1; 1995, c. 415, s. 1; c. 507, s. 27.8(v); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2011-398, s. 3.)
NC Gen Stat § 150B-21.1B (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.1B - Expired pursuant to Session Laws 2009-475, s. 16, effective June 30, 2012.

 150B-21.1B: Expired pursuant to Session Laws 2009-475, s. 16, effective June 30, 2012.
NC Gen Stat § 150B-21.6 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.6 - Incorporating material in a rule by reference.

 150B-21.6. Incorporating material in a rule by reference.An agency may incorporate the following material by reference in a rule without repeating the text of the referenced material:(1) Another rule or part of a rule adopted by the agency.(2) All or part of a code, standard, or regulation adopted by another agency, the federal government, or a generally recognized organization or association.(3) Repealed by Session Laws 1997-34, s. 5.In incorporating material by reference, the agency must designate in the rule whether or not the incorporation includes subsequent amendments and editions of the referenced material. The agency can change this designation only by a subsequent rule-making proceeding. The agency must have copies of the incorporated material available for inspection and must specify in the rule both where copies of the material can be obtained and the cost on the date the rule is adopted of a copy of the material.A statement in a rule that a rule incorporates material by reference in accordance with former G.S. 150B-14(b) is a statement that the rule does not include subsequent amendments and editions of the referenced material. A statement in a rule that a rule incorporates material by reference in accordance with former G.S. 150B-14(c) is a statement that the rule includes subsequent amendments and editions of the referenced material. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, s. 64; 1981 (Reg. Sess., 1982), c. 1359, s. 5; 1983, c. 641, s. 3; c. 768, s. 19; 1985, c. 746, s. 1; 1987, c. 285, s. 13; 1991, c. 418, s. 1; 1997-34, s. 5.)
NC Gen Stat § 150B-21.7 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.7 - Effect of transfer of duties or termination of agency on rules.

 150B-21.7. Effect of transfer of duties or termination of agency on rules.(a) When a law that authorizes an agency to adopt a rule is repealed and another law gives the same or another agency substantially the same authority to adopt a rule, the rule remains in effect until the agency with authority over the rule amends or repeals the rule. When a law that authorizes an agency to adopt a rule is repealed and another law does not give the same or another agency substantially the same authority to adopt a rule, a rule adopted under the repealed law is repealed as of the date the law is repealed. The agency that adopted the rule shall notify the Codifier of Rules that the rule is repealed pursuant to this subsection.(b) When an executive order abolishes part or all of an agency and transfers a function of that agency to another agency, a rule concerning the transferred function remains in effect until the agency to which the function is transferred amends or repeals the rule. When an executive order abolishes part or all of an agency and does not transfer a function of that agency to another agency, a rule concerning a function abolished by the executive order is repealed as of the effective date of the executive order. The agency that adopted the rule shall notify the Codifier of Rules that the rule is repealed pursuant to this subsection.(c) When notified of a rule repealed under this section, the Codifier of Rules must enter the repeal of the rule in the North Carolina Administrative Code.  (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 418, s. 1; 2013-143, s. 2.)
NC Gen Stat § 150B-21.8 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.8 - Review of rule by Commission.

 150B-21.8. Review of rule by Commission.(a) Emergency Rule. - The Commission does not review an emergency rule.(b) Temporary and Permanent Rules. - An agency must submit temporary and permanent rules adopted by it to the Commission before the rule can be included in the North Carolina Administrative Code. The Commission reviews a temporary or permanent rule in accordance with the standards in G.S. 150B-21.9 and follows the procedure in this Part in its review of a rule.(c) Scope. - When the Commission reviews an amendment to a permanent rule, it may review the entire rule that is being amended. The procedure in G.S. 150B-21.12 applies when the Commission objects to a part of a permanent rule that is within its scope of review but is not changed by a rule amendment.(d) Judicial Review. - When the Commission returns a permanent rule to an agency in accordance with G.S. 150B-21.12(d), the agency may file an action for declaratory judgment in Wake County Superior Court pursuant to Article 26 of Chapter 1 of the General Statutes. (1991, c. 418, s. 1; 2003-229, s. 8.)
NC Gen Stat § 150B-21.9 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.9 - Standards and timetable for review by Commission.

 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.(a1) Entry of a rule in the North Carolina Administrative Code after review by the Commission creates a rebuttable presumption that the rule was adopted in accordance with Part 2 of this Article.(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. (1991, c. 418, s. 1; 1995, c. 507, s. 27.8(f); 2000-140, s. 93.1(a); 2001-424, s. 12.2(b); 2003-229, s. 9.)
NC Gen Stat § 150B-21.10 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.10 - Commission action on permanent rule.

 150B-21.10. Commission action on permanent rule.At the first meeting at which a permanent rule is before the Commission for review, the Commission must take one of the following actions:(1) Approve the rule, if the Commission determines that the rule meets the standards for review.(2) Object to the rule, if the Commission determines that the rule does not meet the standards for review.(3) Extend the period for reviewing the rule, if the Commission determines it needs additional information on the rule to be able to decide whether the rule meets the standards for review.In reviewing a new rule or an amendment to an existing rule, the Commission may request an agency to make technical changes to the rule and may condition its approval of the rule on the agency's making the requested technical changes. (1991, c. 418, s. 1.)
NC Gen Stat § 150B-21.11 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.11 - Procedure when Commission approves permanent rule.

 150B-21.11. Procedure when Commission approves permanent rule.When the Commission approves a permanent rule, it must notify the agency that adopted the rule of the Commission's approval, and deliver the approved rule to the Codifier of Rules.If the approved rule will increase or decrease expenditures or revenues of a unit of local government, the Commission must also notify the Governor of the Commission's approval of the rule and deliver a copy of the approved rule to the Governor by the end of the month in which the Commission approved the rule.  (1991, c. 418, s. 1; 1995, c. 415, s. 4; c. 507, s. 27.8(g); 2011-291, s. 2.59; 2011-398, s. 7; 2018-142, s. 22.)
NC Gen Stat § 150B-21.12 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.12 - Procedure when Commission objects to a permanent rule.

 150B-21.12. Procedure when Commission objects to a permanent rule.(a) Action. - When the Commission objects to a permanent rule, it must send the agency that adopted the rule a written statement of the objection and the reason for the objection. The agency that adopted the rule must take one of the following actions:(1) Change the rule to satisfy the Commission's objection and submit the revised rule to the Commission.(2) Submit a written response to the Commission indicating that the agency has decided not to change the rule.(b) Time Limit. - An agency that is not a board or commission must take one of the actions listed in subsection (a) of this section within 30 days after receiving the Commission's statement of objection. A board or commission must take one of these actions within 30 days after receiving the Commission's statement of objection or within 10 days after the board or commission's next regularly scheduled meeting, whichever comes later.(c) Changes. - When an agency changes a rule in response to an objection by the Commission, the Commission must determine whether the change satisfies the Commission's objection. If it does, the Commission must approve the rule. If it does not, the Commission must send the agency a written statement of the Commission's continued objection and the reason for the continued objection. The Commission must also determine whether the change is substantial. In making this determination, the Commission shall use the standards set forth in G.S. 150B-21.2(g). If the change is substantial, the revised rule shall be published and reviewed in accordance with the procedure set forth in G.S. 150B-21.1(a3) and (b).(d) Return of Rule. - A rule to which the Commission has objected remains under review by the Commission until the agency that adopted the rule decides not to satisfy the Commission's objection and makes a written request to the Commission to return the rule to the agency. When the Commission returns a rule to which it has objected, it must notify the Codifier of Rules of its action. If the rule that is returned would have increased or decreased expenditures or revenues of a unit of local government, the Commission must also notify the Governor of its action and must send a copy of the record of the Commission's review of the rule to the Governor. The record of review consists of the rule, the Commission's letter of objection to the rule, the agency's written response to the Commission's letter, and any other relevant documents before the Commission when it decided to object to the rule.Regulatory Reform  (1991, c. 418, s. 1; 1995, c. 415, s. 5; c. 507, s. 27.8(h), (y); 2003-229, s. 10; 2011-291, s. 2.60; 2011-398, s. 8.)
NC Gen Stat § 150B-21.13 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.13 - Procedure when Commission extends period for review of permanent rule.

 150B-21.13. Procedure when Commission extends period for review of permanent rule.When the Commission extends the period for review of a permanent rule, it must notify the agency that adopted the rule of the extension and the reason for the extension. After the Commission extends the period for review of a rule, it may call a public hearing on the rule. Within 70 days after extending the period for review of a rule, the Commission must decide whether to approve the rule, object to the rule, or call a public hearing on the rule. (1991, c. 418, s. 1.)
NC Gen Stat § 150B-21.14 (2021)
2021 North Carolina General Statutes|Chapter 150B - Administrative Procedure Act|Article 2A - Rules.|§ 150B-21.14 - Public hearing on a rule.

 150B-21.14. Public hearing on a rule.The Commission may call a public hearing on a rule when it extends the period for review of the rule. At the request of an agency, the Commission may call a public hearing on a rule that is not before it for review. Calling a public hearing on a rule not already before the Commission for review places the rule before the Commission for review. When the Commission decides to call a public hearing on a rule, it must publish notice of the public hearing in the North Carolina Register.After a public hearing on a rule, the Commission must approve the rule or object to the rule in accordance with the standards and procedures in this Part. The Commission must make its decision of whether to approve or object to the rule within 70 days after the public hearing. (1991, c. 418, s. 1.)