Adopted Rules – 19A NCAC 03K .0101 and .0102

The text of the rules as adopted and submitted to the Rules Review Commission (see linked PDFs):

Proposed Rules – 19A NCAC 03K .0101 and .0102

Link to the North Carolina Register on the Office of Administrative Hearings website.

The text of the proposed temporary rules (see linked PDFs):

Proposed Temporary Rule Notice of Text

News Release

Rule Change Handout

Public Hearing Video

An explanation of the proposed rules and the reason for the proposed rules:

The N.C. Department of Transportation Division of Motor Vehicles has determined that temporary rulemaking to adopt 19A NCAC 03K .0101 and .0102 is necessary due to a change in the applicable state statutes.

On June 28, 2017, the North Carolina General Assembly approved Session Law 2017-57 "Appropriations Act of 2017" for the 2016-2017 fiscal year. In Section 34.32.(b), the agency is directed to begin collecting fees for administrative hearings beginning January 1, 2018. In Section 34.32.(c), the Division of Motor Vehicles is authorized to adopt temporary rules to implement the provisions.

In order to be able to establish the fee rates, set up the system for collecting the fees per the established rates, and notify individuals requesting administrative hearings after Jan. 1, 2018 that there will be a fee for scheduling the hearing, the agency needs to utilized the option for adopting temporary rules.

Public comment extended and second hearing added:

Date: Oct. 12, 2017
Time: 6 p.m.
Location: Transportation Building
1 S. Wilmington St.
Raleigh, NC 27601

Date: Sept. 25, 2017
Time: 6 p.m.
Location: John Chavis Media Center
505 Martin Luther King Jr. Blvd.
Raleigh, NC 27601

Instructions on submitting oral or written comments on the proposed rules:

The public comment period begins Sept. 11, 2017, has been extended until Oct. 13, 2017.
The public comment period is closed.

Written comments may be submitted:

  • Online
  • By calling (919) 707-2800 and asking for the rule making coordinator
  • By faxing to: (919) 733-9150
  • By mailing to:
    N.C. Department of Transportation
    ATTN: Rule Making Coordinator
    1501 Mail Service Center
    Raleigh, NC 27699-1501

Link to the North Carolina Register on the Office of Administrative Hearings website.

Not applicable to this package of proposed rules:

  • Federal Certification
  • Fiscal Note/Economic Analysis