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Administrative Rules

The N.C. Department of Agriculture and Consumer Services administers and staffs several boards and commission with rule-making authority. These include the N.C. Board of Agriculture, the N.C. Pesticide Board, the N.C. Structural Pest Control Committee, the Plant Conservation Board and the N.C. Soil and Water Conservation Commission.

When adopting or amending any rules under the authority of the boards and commissions listed above, we must follow all the guidelines laid out in the Administrative Procedure Act. Each time a rule is proposed for adoption or amendment, it will be posted on our website. Please click on the "Proposed Rules" link on the left to view rules that have been, or are currently in, the rule-making process. To view the Administrative Procedure Act, click here.

In addition, House Bill 74, passed by the General Assembly as part of regulatory reform in 2013, requires all agencies with rule-making authority to periodically review every rule under their authority.

Through this review, each agency must classify each rule as:

1)“Necessary with substantive public interest," meaning the rule is needed but there are known or suspected concerns about it from the public;

2)“Necessary without substantive public interest,” meaning the rule is needed and there are no known concerns from the public; or

3)“Unnecessary,” meaning the rule is no longer needed.

After this initial classification, the reports will be posted on our website and the Office of Administrative Hearings’ website for a 60-day comment period. At the end of the comment period, we will review the comments and make any necessary changes to our classifications. This will be turned into the Rules Review Commission, which will review the report, comments and agency response. After the commission either agrees or disagrees with the report, the commission will send it to the Joint Legislative Administrative Procedure Oversight Committee (APO). The determinations will be final after consultation with APO or on the 61st day after the report is submitted to APO if the committee does not meet.

Rules determined to be “necessary with substantive public interest” will have to be readopted through the process laid out in the Administrative Procedure Act. Rules determined to be “necessary without substantive public interest” will remain in the N.C. Administrative Code without any further action. Rules determined to be “unnecessary” will be repealed automatically.

NCDA&CS is currently in the beginning stages of the review. Please click on the “Periodic Review and Expiration of Existing Rules” link on the left to view the reports and to learn how to submit comments for reports with an open public comment period.

 

 

 



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