References are to North Carolina Administrative Code, Title 21 - Occupational Licensing Boards, Chapter 08 - Board of Certified Public Accountant Examiners, as amended through February 1, 2011.
SUBCHAPTER
08B ‑ RULE‑MAKING PROCEDURES
SECTION .0100 ‑
PETITIONS FOR RULE‑MAKING
21 NCAC 08B .0101 PETITIONS
Any person
wishing to submit a petition requesting the adoption, amendment or repeal of a
rule by the Board shall address a petition to the Board's Executive Director,
as set forth in 21 NCAC 08A .0102.
21 NCAC 08B .0102 CONTENTS OF PETITION FOR NEW RULE
A petition
requesting the adoption of a rule should contain the following information:
(1) either a draft of the proposed rule or a
summary of the contents of the proposed rule;
(2) reason for the proposal;
(3) effect of the new rule on existing
rules;
(4) data supporting the rule proposal;
(5) effects of the rule on existing
practices in the area involved; and
(6) name, address and phone number of each
petitioner.
21 NCAC 08B .0104 CONTENTS OF PETITIONS FOR RULE AMENDMENT
OR REPEAL
A petition
requesting the amendment or repeal of a rule should contain the following
information:
(1) rule affected;
(2) reasons for change;
(3) either a draft of the proposed amendment
or a summary of the proposed amendment, if the petition is to amend the rule;
(4) data supporting the rule proposal;
(5) effect of the proposed change on
existing practices in the area involved; and
(6) name and address of each petitioner.
21 NCAC 08B .0105 GRANTING OR DENYING PETITIONS
The Executive
Director of the Board shall make a recommendation to a committee of the Board
and the committee shall recommend to the full Board, based on a study of the
facts stated in the petition, whether the public interest will be better served
by granting or denying the petition. The Board will consider all the contents
of the submitted petition plus any additional information deemed relevant.
21 NCAC 08B .0202 MAILING LIST
(a) Persons or agencies desiring to be placed on
the mailing list for the Board's rule‑making notices issued pursuant to
G.S. 150B‑21.2 may file a request in writing, furnishing their name and
mailing address to the Executive Director of the Board, at the address set
forth in 21 NCAC 08A .0102.
(b) The request shall state the subject areas
within the authority of the agency for which notice is requested.
21 NCAC 08B .0304 ORAL PRESENTATION
Upon receipt
of a request to make an oral presentation at a rule‑making hearing, the
Executive Director will acknowledge receipt of the request and inform the
person making the request of any limitations deemed necessary to achieve a full
and effective public hearing on the proposed rule.
21 NCAC 08B .0307 CONTROL OF RULE‑MAKING HEARINGS
(a) The presiding officer of a rule‑making
hearing shall have complete control of the proceedings including the following:
(1) extension of any deadlines,
(2) rescheduling a hearing time, as
announced at the published hearing, and continuation of any hearing,
(3) limitations for individual
presentations,
(4) recognition of speakers, and
(5) direction of the flow of discussion and
the management of the hearing.
(b) The presiding officer at all times shall take
care that each person participating in the hearing is given a fair opportunity
to present views, data and comments.
SECTION .0500 ‑
DECLARATORY RULINGS
21 NCAC 08B .0501 REQUEST FOR DECLARATORY RULING
Any person
aggrieved, as defined in G.S. 150B‑2(6), by a statute administered or
rule promulgated by the Board may request a declaratory ruling as to how the
statute or rule applies to a given factual situation or whether a particular
Board rule is valid. All requests for declaratory rulings shall be in writing
and mailed to the Board at its address, as set forth in 21 NCAC 08A .0102.
21 NCAC 08B .0502 CONTENTS OF REQUEST
All requests
for a declaratory ruling must include the following information:
(1) name and address of petitioner;
(2) statute or rule to which the petition
relates;
(3) concise statement of the manner in which
the petitioner is aggrieved, as defined in G.S. 150B‑2(6), or thinks that
he or she may be injured by the rule or statute and its application to him or
her; and
(4) statement of whether an oral hearing is
desired and if so the reasons for such an oral hearing.
21 NCAC 08B .0503 REFUSAL TO ISSUE DECLARATORY RULING
Whenever the
Board believes for good reason that issuing a declaratory ruling is
undesirable, it may refuse to do so. The Board will notify the petitioner in
writing of its reasons for refusing to issue a declaratory ruling.
21 NCAC 08B .0507 CIRCUMSTANCES
As a general
rule the Board will issue a declaratory ruling except:
(1) when the subject of a requested
declaratory ruling is also the subject of a lawsuit pending in a court of this
state or a federal court;
(2) when the facts presented in the request
were considered at a rule‑making hearing; or
(3) in other special circumstances.
21 NCAC 08B .0508 REQUESTS FOR INFORMAL OPINIONS
Requests to
Board employees or legal counsel, or requests to Board members not in
accordance with 21 NCAC 08B .0501, for opinions concerning the application of
the Board's rules or any statutes are discouraged. If ever an opinion is given,
it is non‑binding on the Board. Applicants, licensees and any other
persons who act in reliance on such opinions do so at their own risk.