Administrative Rules

en

Current Administrative Rules

The North Carolina State Highway Patrol rules are located by subchapters in Title 14B – Chapter 7 and Title 14B – Chapter 13 of the Administrative Code.

 

Periodic Review of Existing Administrative Rules

Background and Information:

  • In the 2013 legislative session, the General Assembly enacted Session Law 2013-413.  This law established G.S. § 150B-21.3A, “Periodic Review and Expiration of Existing Rules.”  This statute requires the Rules Review Commission (“Commission”) to establish a process and schedule for those covered agencies to ensure compliance with the law. This schedule and process requires agencies to review all of their active rules codified in the NC Administrative Code (“the Code”) every 10 years.
  • During the period of rules review, state agencies are required to evaluate each of the existing rules and make an initial determination from either two classifications:

- Unnecessary – the agency determines that the rule is obsolete, redundant or otherwise not needed.

- Necessary – the agency determines that the rule is any rule other than an unnecessary rule.

  • Once initial determinations are made, a report is issued by the Rules Review Commission and public comments are accepted for at least 60 days, providing an opportunity for public feedback on the agency classifications of existing rules.
  • “Public comment” is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S.150B-21.3A(c)(2), in order 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 G.S. 150B-21.9(a).
  • An interested party may submit a comment to an existing rule, within the designated comment period, by directly mailing or emailing the NCDPS representative listed underneath each rule pending periodic review, listed below. In the comment, please include the rule citation that your comment is intended to address.
  • Additional information about the Periodic Review and Expiration of Existing Rules process can be found at the North Carolina Office of Administrative Hearings Rules Division Website located here: Periodic Review and Expiration of Existing Rules | NC OAH

 

Rules pending Periodic Review: