N.C. Administrative Code (Rules)

Proposed Rules for Adoption and Repeal

Notice is hereby given in accordance with G.S. 150B-19.1(c) that the Department of State Treasurer proposes for adoption the following rules.  

20 NCAC 01F .0111 Petition for Rulemaking

20 NCAC 01F .0208 Declaratory Rulings

Petition for Rulemaking 

Section 150B-20(a) of the Administrative Procedure Act (APA) provides in part that “[e]ach agency must establish by rule the procedure for submitting a rule-making petition to it and the procedure the agency follows in considering a rule-making petition.”  The Department of State Treasurer (Department) is proposing to adopt new rule 20 NCAC 01F .0111 to comply with this requirement of the APA.  

In proposing the adoption of 20 NCAC 01F .0111, the State Treasurer is also proposing to repeal the following rule:  

20 NCAC 01F .0102 Correspondence.  

Repeal of 20 NCAC 01F .0102 is proposed because more comprehensive information about submitting a petition for rulemaking is included in the proposed new rule, making the current rule duplicative.  

Declaratory Rulings 

Section 150B-4(a) of the APA provides in part that “[t]he agency shall prescribe in its rules the procedure for requesting a declaratory ruling and the circumstances in which rulings shall or shall not be issued.”  It is proposed that the Department’s rules in Section .0200, Subchapter 01F, Chapter 1, Title 20 be updated by adopting a new rule and repealing some current rules.    

The new rule seeks to update the Department’s declaratory ruling section by adopting a comprehensive rule that prescribes the procedure for requesting a declaratory ruling and sets forth the circumstances in which rulings will not be issued.   

In proposing the adoption of 20 NCAC 01F .0208, the State Treasurer is also proposing to repeal the following rules in Title 20, Chapter 1, Subchapter 01F, Section .0200: 

20 NCAC 01F .0203 Form of Requests 

20 NCAC 01F .0204 Who Makes Ruling 

20 NCAC 01F .0207 Ruling Procedures 

These rules are proposed for repeal because the information contained within them has been incorporated in the proposed new rule and updated to better conform with the requirements of the APA.

Oral or written comments on the proposed rules can be submitted to: 

Department of State Treasurer
ATTN:  Laura Rowe, Rulemaking Coordinator
3200 Atlantic Avenue
Raleigh, NC 27604
DST.NCAC@nctreasurer.com
919-814-3851

A fiscal note was determined to not be required of these proposed rules. 

Procedure for Objection and Subjecting a Proposed Rule to Legislative Review: Any person who objects to the adoption of a permanent rule may submit written objections to dst.ncac@nctreasurer.com. If the objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Rules Review Commission will receive written objections until 5:00 p.m. on the day following the day the Rules Review Commission approves the rule. The Rules Review Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission. If you have any further questions concerning the submission of objections to the Rules Review Commission, please contact a Rules Review Staff Attorney at 919-431-3000.

Federal Certification is not applicable to this set of proposed rules. 

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