2009 North Carolina Code
Chapter 150B - Administrative Procedure Act.
§ 150B-21.8. Review of rule by Commission.

Part 3. Review by Commission.

§ 150B‑21.8.  Review of rule by Commission.

(a)        Emergency Rule. – The Commission does not review an emergency rule.

(b)        Temporary and Permanent Rules. – An agency must submit temporary and permanent rules adopted by it to the Commission before the rule can be included in the North Carolina Administrative Code. The Commission reviews a temporary or permanent rule in accordance with the standards in G.S. 150B‑21.9 and follows the procedure in this Part in its review of a rule.

(c)        Scope. – When the Commission reviews an amendment to a permanent rule, it may review the entire rule that is being amended. The procedure in G.S. 150B‑21.12 applies when the Commission objects to a part of a permanent rule that is within its scope of review but is not changed by a rule amendment.

(d)        Judicial Review. – When the Commission returns a permanent rule to an agency in accordance with G.S. 150B‑21.12(d), the agency may file an action for declaratory judgment in Wake County Superior Court pursuant to Article 26 of Chapter 1 of the General Statutes. (1991, c. 418, s. 1; 2003‑229, s. 8.)