BR549
Twelve Pointer
Next Step - Draft a Bill (already been done)
From: Bryan, Bobby [mailto:bobby.bryan@oah.nc.gov]
Sent: Tuesday, April 03, 2012 10:04 AM
To: Tara Zuardo
Cc: Masich, Molly
Subject: RE: Thank you!
Tara,
The General Assembly enacts legislation. They do this by at least one
member introducing a bill which, when it passes both houses and is not
vetoed by the Governor, becomes a law. Sometimes the law may authorize an
Executive Branch agency such as the WRC to adopt rules to implement that
law. The WRC would propose a rule and accept public comment on it. After
the comment period has expired, WRC will decide to either adopt the
proposed rule, adopt the rule with changes, or not adopt the rule. If WRC
adopts any version of the rule, it must submit the rule to RRC.
RRC will review the rule to determine if the rule meets the RRC standards for
review. If the rule does not meet the RRC standards, RRC will notify the
WRC of the problem and WRC can attempt to rewrite the rule to resolve the
problem. RRC will then review any rewritten rule. Unless the RRC approves
the rule, it will not become effective. Most rules become effective the
first day of the month after approval by RRC. However, if the RRC receives
requests from at least 10 persons, clearly asking for legislative review
of the rule, by 5 p.m. the day after it approves the rule, the rule is
then subject to a delayed effective date and the possibility of
legislative disapproval.
The delayed effective date is generally to the 31st legislative day of the
next regular session of the General Assembly that begins at least 25 days
after the RRC approves the rule. During the first 30 days, any member of
the GA may introduce a bill to disapprove the rule. If no bill is
introduced, the rule becomes effective that 31st legislative day. If a
bill is introduced to disapprove the rule but does not pass, the rule will
become effective the date the GA adjourns for that session. If the bill
becomes law, the rule will not become effective.
There are a couple of exceptions, one of which may be of concern to you.
If the rule meets the criteria for the adoption of a temporary rule in
G.S. 150B-21.1, WRC may adopt the rule as a temporary rule at the time the
rule receives the 10 letters subjecting the permanent rule to legislative
review. Temporary rules are not directly subject to legislative review
and can become effective almost immediately. If the GA enacts legislation
disapproving the permanent rule, the temporary rule will then expire.
The 10 letters simply puts the effective date of the permanent rule on
hold. If nothing happens at the GA, the rule will ultimately become
effective. It is up to the people opposed to the rule to find a legislator
to introduce a bill and try to have the bill enacted into law. There
otherwise is no formal review at the GA. There would be no reason for a
legislator to introduce a bill identical to a rule since rules have the
same binding effect as legislation.
You may send letters requesting legislative review to my attention.
Comments addressing the RRC standards of review should be sent to each RRC
member, the RRC attorney handling the rule, and to the WRC.
I hope this helps. Let me know if you have more questions.
Bobby
Bobby Bryan
Office of Administrative Hearings/
Rules Review Commission
919-431-3079
From: Bryan, Bobby [mailto:bobby.bryan@oah.nc.gov]
Sent: Tuesday, April 03, 2012 10:04 AM
To: Tara Zuardo
Cc: Masich, Molly
Subject: RE: Thank you!
Tara,
The General Assembly enacts legislation. They do this by at least one
member introducing a bill which, when it passes both houses and is not
vetoed by the Governor, becomes a law. Sometimes the law may authorize an
Executive Branch agency such as the WRC to adopt rules to implement that
law. The WRC would propose a rule and accept public comment on it. After
the comment period has expired, WRC will decide to either adopt the
proposed rule, adopt the rule with changes, or not adopt the rule. If WRC
adopts any version of the rule, it must submit the rule to RRC.
RRC will review the rule to determine if the rule meets the RRC standards for
review. If the rule does not meet the RRC standards, RRC will notify the
WRC of the problem and WRC can attempt to rewrite the rule to resolve the
problem. RRC will then review any rewritten rule. Unless the RRC approves
the rule, it will not become effective. Most rules become effective the
first day of the month after approval by RRC. However, if the RRC receives
requests from at least 10 persons, clearly asking for legislative review
of the rule, by 5 p.m. the day after it approves the rule, the rule is
then subject to a delayed effective date and the possibility of
legislative disapproval.
The delayed effective date is generally to the 31st legislative day of the
next regular session of the General Assembly that begins at least 25 days
after the RRC approves the rule. During the first 30 days, any member of
the GA may introduce a bill to disapprove the rule. If no bill is
introduced, the rule becomes effective that 31st legislative day. If a
bill is introduced to disapprove the rule but does not pass, the rule will
become effective the date the GA adjourns for that session. If the bill
becomes law, the rule will not become effective.
There are a couple of exceptions, one of which may be of concern to you.
If the rule meets the criteria for the adoption of a temporary rule in
G.S. 150B-21.1, WRC may adopt the rule as a temporary rule at the time the
rule receives the 10 letters subjecting the permanent rule to legislative
review. Temporary rules are not directly subject to legislative review
and can become effective almost immediately. If the GA enacts legislation
disapproving the permanent rule, the temporary rule will then expire.
The 10 letters simply puts the effective date of the permanent rule on
hold. If nothing happens at the GA, the rule will ultimately become
effective. It is up to the people opposed to the rule to find a legislator
to introduce a bill and try to have the bill enacted into law. There
otherwise is no formal review at the GA. There would be no reason for a
legislator to introduce a bill identical to a rule since rules have the
same binding effect as legislation.
You may send letters requesting legislative review to my attention.
Comments addressing the RRC standards of review should be sent to each RRC
member, the RRC attorney handling the rule, and to the WRC.
I hope this helps. Let me know if you have more questions.
Bobby
Bobby Bryan
Office of Administrative Hearings/
Rules Review Commission
919-431-3079