N.C. Gen. Stat. §150B-21.3A, adopted in 2013, requires state agencies to review existing rules every 10 years. An initial review will be completed during the next five years, and thereafter rules will be reviewed on a 10-year review cycle. The Department of Transportation’s rules are located by chapters in Title 19A of the NC Administrative Code. The Department's rules will be reviewed on a schedule established by the Rules Review Commission. As rules become available for public comment, links will be available below.
The Department is required to evaluate each of the existing rules and make an initial determination from one of these three classifications:
- Necessary with substantive public interest – the agency has received public comment on the rule within the past two years or the rule affects the property interest of the regulated public, and the agency knows or suspects that any person may object to the rule.
- Necessary without substantive public interest – the agency determines that the rule is needed, and the rule has not had public comment in the last two years. This category includes rules that identify information that is readily available to the public, such as an address or telephone number.
- Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise not needed.
Public Comment Information:
A “public comment” as defined by G.S. 150B-21.3A(a)(5) is defined as a written comment that objects to rule, in whole or in part. Comments must address the content of the rule to be considered by the Rules Review Commission. All comments received will be submitted to the Rules Review Commission for consideration.
Comments in the periodic review of rules process should be related to whether you think we have correctly classified rules as: necessary with substantive public interest, necessary without substantive public interest, or unnecessary.
When submitting a comment, please be sure to include the applicable rule number.
If you would like to receive notices regarding rules undergoing rules review that are open for public comment under N.C. Gen. Stat. §150B-21.3A, please subscribe to our mailing list here.
Links of Interest