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NC Department of Health and Human Services Division of Mental Health, Developmental Disabilities, and Substance Abuse Services
 
 

Rulemaking Process

General Overview

This document is presented as a public service and not deemed binding or controlling.

  1. Rulemaking procedure is governed by North Carolina General Statutes Chapter 150B, the Administrative Procedure Act (APA).
  2. The NC Department of Health and Human Services (DHHS) and the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services (Commission) are granted statutory authority to adopt rules related to the mental health, developmental disabilities, and substance abuse service delivery system.
  3. The rulemaking process implemented by the Commission is outlined below.
    • Legislation requires rulemaking and/or Commission decision to amend/repeal existing rule.
    • DMH/DD/SAS Executive Leadership Team (ELT) assigns subject matter expert to generate content of proposed rule.
    • Subject matter expert collaborates with Rulemaking Coordinator to develop rule language.
    • Rule is presented to ELT for review and comment.
    • Rule is presented to External Advisory Team for review and comment.
    • If EAT recommends substantive changes to the rule, the rule is again reviewed by ELT.
    • The Commission’s Rules Committee conducts initial review of the rule.
    • Commission completes initial review of the rule and recommends publication of the rule in the NC Register. 
    • A fiscal note is prepared by the DMH/DD/SAS Budget Office to determine what financial impact, if any, will occur as a result of the rule action.  If the fiscal analysis determines that the rule will create a financial impact of $500,000.00 or more per year, the Commission must review the note and consider at least two alternatives to the rule.
    • The fiscal note is reviewed and approved by the Office of State Budget Management (OSBM), the DHHS, and the Commission.
    • Proposed rule action is published in the NC Register for 60-day Public Comment Period. 
    • The Commission’s Rules Committee completes its final review of the rule, including comments on the rule and the fiscal note, for adoption.
    • Commission completes its final review of the rule, including comments on the rule and the fiscal note, for adoption.
    • The OSBM certifies the Commission has followed rulemaking requirements.
    • Rule is presented to the Rules Review Commission (RRC) for final review.  The RRC is established by N.C.G.S. Chapter 150B.  The role of the RRC is to review all proposed rules and rule changes to ensure that the rules are clear and unambiguous, within the rulemaking authority delegated to the agency by the General Assembly, reasonably necessary to implement or interpret law, and adopted in accordance with the APA.
    • Upon approval of the RRC, the rule is entered into the North Carolina Administrative Code.

Flowchart for Rulemaking Process

 

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