(a) Petition. - A person may petition an agency to adopt a rule by submitting to the agency a written rulemaking petition requesting the adoption. A person may submit written comments with a rulemaking petition. If a rulemaking 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 rulemaking petition to it and the procedure the agency follows in considering a rulemaking petition. An agency receiving a rulemaking 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 website.
(b) Time. - An agency must grant or deny a rulemaking petition submitted to it within 30 days after the date the rulemaking 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 rulemaking petition within 120 days after the date the rulemaking petition is submitted.
(c) Action. - If an agency denies a rulemaking 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 rulemaking petition, it must inform the person who submitted the rulemaking petition of its decision and must initiate rulemaking proceedings. When an agency grants a rulemaking petition, the notice of text it publishes in the North Carolina Register may state that the agency is initiating rulemaking as the result of a rulemaking petition and state the name of the person who submitted the rulemaking petition. If the rulemaking 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 rulemaking petition and state whether the agency endorses the proposed text.
(d) Review. - Denial of a rulemaking 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 rulemaking petition within the time limits set in subsection (b) is a denial of the rulemaking 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); 2025-25, s. 29(5), (6).)
Notes of Decisions
ACT-UP Triangle v. Comm'n for Health Servs., 483 S.E.2d 388 (N.C. 1997).
· cites it 18× “After granting or denying the petition, the agency must take the action set forth in N.C.G.S. § 150B~20(c) relating to notice and publication of the proposed rule.”
Meads v. North Carolina Dep't of Agric., 509 S.E.2d 165 (N.C. 1998).
· cites it 3× “The NCDA contends that Meads, before arguing the constitutionality of the regulations in the trial court, was required to pursue one of two options: (1) petition the Pesticide Board to amend or repeal the regulation pursuant to N.C.G.S. § 150B-20, or (2) request a declaratory…”
Table Rock Chapter of Trout Unlimited v. Env't Mgmt. Comm'n, 663 S.E.2d 333 (N.C. Ct. App. 2008).
· cites it 2× “On 19 August 2004, petitioners filed a petition for judicial review pursuant to N.C. Gen. Stat. §§ 150B-20(d) and -43 (2007), requesting that the trial court reverse respondent’s final agency decision and order respondent to commence rulemaking procedures regarding…”
Arrowood v. N.C. Dep't of Health & Human Servs., 535 S.E.2d 585 (N.C. Ct. App. 2000).
· cites it 2× “Likewise, petitioner did not petition the respondent to adopt such a rule pursuant to N.C. Gen. Stat. § 150B-20. The respondent’s position is summed up as follows: When petitioner signed the contract, he knew of the twenty-four month limitation.”
Thomas v. North Carolina Dep't of Human Resources, 898 F. Supp. 315 (M.D.N.C. 1995).
· cites it 2× “In denying the petition, NCDHR sent Anderson’s attorney a letter stating that the petitions were denied based upon the Commission’s opinion that it lacks the statutory authority to enact the amendments you requested.”
ACT-UP Triangle v. Comm'n for Health Servs., 472 S.E.2d 605 (N.C. Ct. App. 1996).
· cites it 2× “The trial court denied and dismissed the petition since the case was not subject to review under N.C. Gen. Stat. § 150B-20(d) or § 150B-43, and because the court did not have subject matter jurisdiction.”
NCCA v. NC State Bd. of Educ., 468 S.E.2d 539 (N.C. Ct. App. 1996).
· cites it 11× “The matter comes before us upon the following factual and procedural history: On 28 October 1992, the NCCA petitioned the State Board of Education, pursuant to G.S. § 150B-20(a), to amend Rule 16 N.C.A.”
N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Exam'rs, 2016 NCBC 31 (N.C. Bus. Ct. 2016).
· cites it 6× “The Physical Therapy Board argues that the Acupuncture Board has not exhausted its remedies under the Administrative Procedure Act because it has not sought from the Physical Therapy Board a declaratory ruling pursuant to section 150B-4 or filed a rulemaking petition pursuant to…”
N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Exam'rs, 2016 NCBC 47 (N.C. Bus. Ct. 2016).
· cites it 4× “The Physical Therapy Board alleged in its Motion to Dismiss that the Acupuncture Board had failed to exhaust administrative remedies because it did not seek a declaratory ruling pursuant to section 150B-4 or file a petition for rulemaking pursuant to section 150B-20, either of…”
— N.C. Gen. Stat. § 150B-20(a) — 6 cases
ACT-UP Triangle v. Comm'n for Health Servs., 483 S.E.2d 388 (N.C. 1997).
“After granting or denying the petition, the agency must take the action set forth in N.C.G.S. § 150B~20(c) relating to notice and publication of the proposed rule.”
Thomas v. North Carolina Dep't of Human Resources, 898 F. Supp. 315 (M.D.N.C. 1995).
“In denying the petition, NCDHR sent Anderson’s attorney a letter stating that the petitions were denied based upon the Commission’s opinion that it lacks the statutory authority to enact the amendments you requested.”
NCCA v. NC State Bd. of Educ., 468 S.E.2d 539 (N.C. Ct. App. 1996).
“The matter comes before us upon the following factual and procedural history: On 28 October 1992, the NCCA petitioned the State Board of Education, pursuant to G.S. § 150B-20(a), to amend Rule 16 N.C.A.”
— N.C. Gen. Stat. § 150B-20(b) — 3 cases
ACT-UP Triangle v. Comm'n for Health Servs., 483 S.E.2d 388 (N.C. 1997).
“After granting or denying the petition, the agency must take the action set forth in N.C.G.S. § 150B~20(c) relating to notice and publication of the proposed rule.”
NCCA v. NC State Bd. of Educ., 468 S.E.2d 539 (N.C. Ct. App. 1996).
“The matter comes before us upon the following factual and procedural history: On 28 October 1992, the NCCA petitioned the State Board of Education, pursuant to G.S. § 150B-20(a), to amend Rule 16 N.C.A.”
— N.C. Gen. Stat. § 150B-20(c) — 3 cases
NCCA v. NC State Bd. of Educ., 468 S.E.2d 539 (N.C. Ct. App. 1996).
“The matter comes before us upon the following factual and procedural history: On 28 October 1992, the NCCA petitioned the State Board of Education, pursuant to G.S. § 150B-20(a), to amend Rule 16 N.C.A.”
N.C. Acupuncture Licensing Bd. v. N.C. Bd. of Physical Therapy Exam'rs, 2016 NCBC 31 (N.C. Bus. Ct. 2016).
“The Physical Therapy Board argues that the Acupuncture Board has not exhausted its remedies under the Administrative Procedure Act because it has not sought from the Physical Therapy Board a declaratory ruling pursuant to section 150B-4 or filed a rulemaking petition pursuant to…”
— N.C. Gen. Stat. § 150B-20(d) — 5 cases
ACT-UP Triangle v. Comm'n for Health Servs., 483 S.E.2d 388 (N.C. 1997).
“After granting or denying the petition, the agency must take the action set forth in N.C.G.S. § 150B~20(c) relating to notice and publication of the proposed rule.”
Table Rock Chapter of Trout Unlimited v. Env't Mgmt. Comm'n, 663 S.E.2d 333 (N.C. Ct. App. 2008).
“On 19 August 2004, petitioners filed a petition for judicial review pursuant to N.C. Gen. Stat. §§ 150B-20(d) and -43 (2007), requesting that the trial court reverse respondent’s final agency decision and order respondent to commence rulemaking procedures regarding…”
ACT-UP Triangle v. Comm'n for Health Servs., 472 S.E.2d 605 (N.C. Ct. App. 1996).
“The trial court denied and dismissed the petition since the case was not subject to review under N.C. Gen. Stat. § 150B-20(d) or § 150B-43, and because the court did not have subject matter jurisdiction.”
NCCA v. NC State Bd. of Educ., 468 S.E.2d 539 (N.C. Ct. App. 1996).
“The matter comes before us upon the following factual and procedural history: On 28 October 1992, the NCCA petitioned the State Board of Education, pursuant to G.S. § 150B-20(a), to amend Rule 16 N.C.A.”
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