General Statute §150B-21.3A adopted in 2013, requires state agencies to
review existing rules every 10 years. The Department of State Treasurer rules
are encompassed in the subchapters of Title 20 of the North Carolina Administrative
Code. Agency rules that do not complete
the required decennial review expire, unless an exemption applies. The Department's rules are reviewed on a
schedule established by the Rules Review Commission. The rules currently due
for review are provided below.
General Statutes §150B-21.3A(c) requires the Department to review each rule and
make an initial determination from one of these three classifications:
• Necessary with substantive public
interest – the agency
has received public comment on the rule within the past two years or the rule
affects the property interest of the regulated public, and the agency knows or
suspects that any person may object to the rule.
Necessary without substantive public
interest – the agency
determines that the rule is needed, and the rule has not had public comment in
the last two years. This category includes rules that identify information that
is readily available to the public, such as an address or telephone number.
Unnecessary – the agency determines that the rule
is obsolete, redundant or otherwise not needed.
initial classifications of existing rules by an agency are subject to public
review and comment for a period of sixty days.
N.C. General Statutes § 150B-21.3A(5) defines a “public comment” as “written
comments objecting to the rule, in whole or in part, received by an agency from
any member of the public, including an association or other organization
representing the regulated community or other members of the public.” Additionally, pursuant to G.S.
150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether
the public comment has merit, the public comment must address the specific
substance of the rule and address any of the standards of Commission review, as
set forth in G.S. 150B-21.9(a).
regarding the Department's initial determinations will be accepted by e-mail to
or by mail to:
DST NCAC Decennial Review
3200 Atlantic Avenue
Raleigh, NC 27604
DEPARTMENT OF STATE TREASURER, Retirement Systems Division Teachers’ and State
Employees’ Retirement System Board of Trustees (TSERS) and Local Government Employees’ Retirement System Board of Trustees (LGERS)
are currently accepting public comment on the initial
classifications of existing rules undergoing Decennial Rules Review:
Teachers' and State Employees' Retirement System Board of Trustees and Local Government Employees' Retirement System Board of Trustees Decennial Rules Review Initial Report
report lists all Retirement System Division rules that are subject to Decennial
Review with an initial designation of “necessary with substantive public
interest,” “necessary without substantive public interest,” and “unnecessary.” The full text of the Retirement System
Division rules can accessed here.
certain Retirement System Division Rules are not subject to Decennial
Rules Review. Rules not subject
to Decennial Rules Review are those deemed by the TSERS and LGERS Boards of
Trustees under North Carolina General Statute § 150B-21.3A(e1) to “protect
inchoate or accrued rights of members of the Retirement Systems administered by
the State Treasurer.” Rules deemed to
protect inchoate or accrued rights will not expire.
following report lists those rules deemed by the TSERS and LGERS Boards of Trustees
to Protect Inchoate or Accrued Rights; therefore, these rules are not subject
to Decennial Rules Review, are not listed on the above Decennial Review Report
and will not expire.
RetirementSystem Division Rules Protecting Inchoate or Accrued Rights
NOTE this Decennial Rules Review is merely a review of current rules for
continuing necessity, and are not revisions to existing rules. It is anticipated the Retirement System
Division will be undergoing revisions to existing rules in the fall of 2018. Any proposed revisions will be made available
for public review and comment as required under the Administrative Procedure Act.
NC Open Book