Director, Division of Health Service Regulation Rules
Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, all rules are reviewed at least every 10 years or they shall expire. As a result of the periodic review of Subchapter 10A NCAC 14A, Director, Division of Health Service Regulation, Rulemaking, three rules were determined as "Necessary With Substantive Public Interest," in Section .0100 of these rules, thus requiring readoption. Substantive changes have been made to these proposed readoption rules through repeal, technical changes, and removal of outdated language. A reorganization of rule 10A NCAC 14A .0101 clarifies the process for submission and criteria for determination of rule petitions to the Director, DHSR. Rule 10A NCAC 14A .0102 is not necessary because the statutes govern the procedures for rulemaking; therefore, the rule is proposed for repeal. For rule 10A NCAC 14A .0103, the criteria for declaratory ruling submission requests was clarified, the petitioner's opinion of the potential impact on the declaratory ruling on the public has been added to the criteria for declaratory ruling requests, the criteria for good cause denial for declaratory rulings was clarified, and the agency's address was updated.
- Notification of proposed readoption of rules (PDF, 212 KB)
- Proposed Effective Date: July 1, 2019
- Public Comment Period: February 1, 2019 - April 2, 2019
Comments may be submitted by:- Email: [email protected];
- Mail: Nadine Pfeiffer, Division of Health Service Regulation, 809 Ruggles Drive, 2701 Mail Service Center, Raleigh, NC 27699-2701;
- Public Hearing
- Date: March 27, 2019
- Time: 10:00 a.m.
- Location: Edgerton Building, Room 026, 809 Ruggles Drive, Raleigh, NC 27603
- The fiscal note was approved by OSBM on 11/30/2018 and approved by DHHS on 12/13/2018
- Rule Fiscal Note (PDF, 487 KB)
- Federal Certification required by G.S. 150B-19.1(g)
- Not applicable for these rules
- The notice of text as approved by DHHS on 12/13/2018
- 10A NCAC 14A .0101 (PDF, 83 KB)
- 10A NCAC 14A .0102 (PDF, 60 KB)
- 10A NCAC 14A .0103 (PDF, 84 KB)
- Report of public hearing that was held on March 27, 2019. (PDF, 166 KB)
- Technical changes
- 10A NCAC 14A .0101 (PDF, 24 KB)
- 10A NCAC 14A .0103 (PDF, 28 KB)
- These rules were approved by the Rules Review Commission on 6/20/2019
- 10A NCAC 14A .0101 (PDF, 16 KB)
- 10A NCAC 14A .0102 (PDF, 8 KB)
- 10A NCAC 14A .0103 (PDF, 17 KB)
- Procedure for subjecting a proposed rule to Legislative Review: If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or facsimile transmission.