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North Carolina Administrative Code

Department of State Treasurer Decennial Review of Existing Rules

N.C. 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.

N.C. 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        Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise not needed.

 

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, 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).   

Comments regarding the Department's initial determinations will be accepted by e-mail to dst.ncac@nctreasurer.com or by mail to:

DST NCAC Decennial Review

ATTN:  Rulemaking Coordinator

3200 Atlantic Avenue

Raleigh, NC 27604

 

THE 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​


 

This 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.    

Importantly, 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.

The 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

 

PLEASE 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.

 

 


Department of State Treasurer Proposed Rules

This website includes the following information: 
  • The text of the proposed rule 
  • An explanation and reason for the proposed rule
  • Any required federal certification 
  • Instructions on how and where to submit oral or written comments on the rule 
  • Any fiscal note that has been prepared for the proposed rule