Department of State Treasurer Decennial Review of Existing Rules
N.C. General Statute § 150B-21.3A adopted in 2013, and subsequently amended, requires State agencies to review existing rules every 10 years. Rules are reviewed on a schedule established by the Rules Review Commission and agency rules that do not complete the required decennial review expire unless an exemption applies. The Department of State Treasurer and various board rules are encompassed within Title 20 of the North Carolina Administrative Code. The rules currently due for review are provided below.
N.C. General Statutes § 150B-21.3A(c) requires the Department or applicable board to review each rule and make an initial determination from one of two classifications:
Necessary Rule – means any rule other than an unnecessary rule.
UnnecessaryRule – the agency determines that the rule is obsolete, redundant, or otherwise not needed.
The 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, or objecting to an agency’s determination of the rule as necessary or unnecessary, 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 or content of the rule.
Comments regarding the Department's initial determinations will be accepted by mail or e-mail to:
DST NCAC Decennial Review
ATTN: Rulemaking Coordinator
3200 Atlantic Avenue
Raleigh, NC 27604
THE DEPARTMENT OF STATE TREASURER, State and Local Government Finance Division, Local Government Commission (LGC) are currently accepting public comment on the initial classifications of existing rules undergoing Decennial Rules Review within Title 20, Chapter 03 of the N.C. Administrative Code:
Local Government Commission Decennial Rules Review Classification Report
This report lists all LGC rules that are subject to Decennial Review with an initial designation of “necessary” or “unnecessary.” The full text of the current LGC rules can accessed here.
PLEASE NOTE this Decennial Rules Review is merely a review of current rules for continuing necessity and are not revisions to existing rules. LGC may be undergoing revisions to existing rules in the next two years. Any proposed revisions will be made available for public review and comment as required under the Administrative Procedure Act.