{"data":{"id":"us-nc/n.c.-gen.-stat.-150b-21.9","jurisdiction":"us-nc","citation":"N.C. Gen. Stat. § 150B-21.9","heading":"Standards and timetable for review by Commission.","body":"(a)\tStandards. - The Commission must determine whether a rule meets all of the following criteria:\n(1)\tIt is within the authority delegated to the agency by the General Assembly.\n(2)\tIt is clear and unambiguous.\n(3)\tIt 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.\n(4)\tIt was adopted in accordance with Part 2 of this Article.\nThe 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.\nThe 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.\nIn 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.\n(a1)\tRepealed by Session Laws 2023-134, s. 21.2(g), effective October 3, 2023.\n(b)\tTimetable. - 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; 2023-134, s. 21.2(g).)","path":["Chapter 150B. Administrative Procedure Act.","Article 2A. Rules.","Part 3. Review by Commission."],"source_url":"https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_150B/GS_150B-21.9.html","current_through":"S.L. 2026-30","vintage":"","retrieved_at":"2026-08-27T18:23:42Z","sha256":"690f4be1578ac176518bffa44261189b57bb2f95396cbd7372c2bc48f4a456f1","source_id":"us-nc","stale":false,"prev":"us-nc/n.c.-gen.-stat.-150b-21.8","next":"us-nc/n.c.-gen.-stat.-150b-21.10"},"notice":"GroundRules: Original legal text. Not legal advice."}