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NC Department of Health and Human Services Division of Services for the Blind
 

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Periodic Review of Existing Rules

During its 2013 legislative session, the North Carolina General Assembly enacted N.C. Session Law 2013-413, which created N.C.G.S. § 150B-21.3A, captioned “Periodic Review and Expiration of Existing Rules”. This new law requires all state agencies and commissions to review all of their existing rules at least once every 10 years.

Pursuant to the requirements of N.C.G.S. § 150B-21.3A(c), the Commission of the North Carolina Division of Services for Blind has completed a preliminary review of the existing rules and has made an initial determination of whether each rule is:

  • “Necessary with substantive public interest,” meaning that the agency has determined that the rule is needed and that: (a) the agency has received public comments on the rule within the past two years; or (b) the rule affects the property interest of the regulated public and the agency knows or suspects that someone may object to the rule; or
  • “Necessary without substantive public interest,” meaning that the agency has determined that the rule is needed and that the agency has not received public comments on the rule within the past two years. This category includes rules that provide information that is readily available to the public, such as an address or telephone number; or
  • “Unnecessary,” meaning that the agency has determined that the rule is obsolete, redundant or otherwise not needed.

As defined in N.C.G.S. § 150B-21.3A(a)(5) and as used above, the term “public comment” means “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.”

The results of the Commission’s preliminary review have been posted online and can be viewed at the DHHS website: http://www.ncdhhs.gov/dhsr/rules/hb74/subchapter.asp?abr=63 
and at the NC Office of Administrative Hearings website: http://www.ncoah.com/rules/ReportsH74PeriodicReviewandExpirationofRules.html

To view the existing rules online, visit: http://reports.oah.state.nc.us/ncac.asp?folderName=\Title 10A - Health and Human Services\Chapter 63 - Services for the Blind 

The Commission for the Blind hereby invites and encourages you to review and comment on the existing rules and the results of the Commission’s preliminary review.  You may record your comments via email on the DHHS rules website or send them or via U.S. Mail to the following address:

Cynthia Speight, Rule-making Coordinator
Division of Services for the Blind
2601 Mail Service Center
Raleigh, NC 27699-2601

When commenting on a rule via U.S. Mail, please specify the number and title of the rule; e.g., “I have a comment on Rule 10A NCAC 63A.0201, Definitions.” The Commission will not send individual responses to each commenter; however a response will be submitted to the Rules Review Commission (RRC) with the final report as required by 26 NCAC 05 .0208.  All written comments will be accepted April 27, 2015 through June 26, 2015.  26 NCAC 05 .0207 specifies that a comment must address the content of the rule in question to be considered by the RRC.

 

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