N.C General Statute § 150B-21.3A, adopted in 2013, and revised in July 2019 by Session Law 2019-140, requires state agencies and commissions to review existing rules every 10 years, determining whether each rule is necessary or unnecessary. An unnecessary rule is obsolete, redundant, or otherwise not needed.
The previous periodic review was completed for all NCDOT rules in July 2018, according to a schedule set by the N.C. Rules Review Commission. Rules enforced by the NCDOT were included in this new requirement.
The current periodic review and readoption process will be conducted on a 10-year cycle beginning in 2024 and concluding in 2034.
NCDOT determined that all current rules are necessary. The public had 60 days from the date of posting on the OAH website, to review and provide comment. No comments were received.
| Departmental Rules
| Necessary
| Nov. 15, 2024-Jan. 21, 2025
| August 2025
|
19A NCAC 02
| Division of Highways
|
Necessary
| Nov. 15, 2024-Jan. 21, 2025
| September 2025
|
19A NCAC 03
| Division of Motor Vehicles
| Necessary
| Nov. 15, 2024-Jan. 21, 2025
| May 2025
|
19A NCAC 04
| Secretary of Transportation
| Necessary
| Nov. 15, 2024-Jan. 21, 2025
| August 2025
|
19A NCAC 05
| Administration
| Necessary
| Nov. 15, 2024-Jan. 21, 2025
| August 2025
|
19A NCAC 06
| Transit, Rail & Aviation
| Necessary
| Nov. 15, 2024-Jan. 21, 2025
| August 2025
|
Unnecessary
| The agency determines that the rule is obsolete, redundant or otherwise not needed.
|
Necessary
| The agency determines that the rule does not meet the criteria of unnecessary.
|
Public Comment
“Public comment” is defined by N.C. General Statute § 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to N.C. General Statute § 150B-21.3A(c)(2), for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in N.C. General Statute § 150B-21.9(a).
No comments were received.
Emily Wiley
NCDOT Rulemaking Coordinator
1501 Mail Service Center
Raleigh, NC 27699-1501
OR
rulemaking@ncdot.gov
Subject: Rules Comment
Rules Review Commission
After the comment period was over and NCDOT made its final determination, a report of the determination, as well as any public comments received and the Department’s response to those comments, were sent to the Rules Review Commission. No comments were received.
These rules were heard before the Rules Review Commission on the dates specified above. More information can be found on the Rules Review Commission
website.
Direct Notification of All NCDOT Rulemaking
If you would like to receive future notices regarding rules undergoing rules review, which are open for public comment under N.C. General Statute §150B-21.3A, please request to be added to the NCDOT Rules Notification List by emailing rulemaking@ncdot.gov.
Mailing List
To receive notices regarding rules undergoing rules review that are open for public comment under N.C. General Statute §150B-21.3A by subscribing to the Interested Parties mailing list.
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