References are to North Carolina Administrative Code, Title 21 - Occupational Licensing Boards, Chapter 08 - Board of Certified Public Accountant Examiners, as amended through January 1, 2007.
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.
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