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To display the the official rule documentation, click on the Rule Name Link goes outside of NC DHHS in the table below.

The public may provide comments for each rule, which will be sent electronically to the administrators at the agency responsible for collecting the comments for each subchapter.

To submit a comment regarding a rule, do the following:

  1. Find the rule in the table below.
  2. Click on the button in the row for that rule.
  3. A form will be displayed, where you can enter and submit your comment.
  4. To comment on rules in another subchapter, click on "Return to the main Rules Review page" link.

"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).


G.S. 150B-21.3A Report for 10A NCAC 26A, RULES OF PROCEDURE | Agency - DHHS - Commission for Mental Health/DD/SAS

Periodic Review of Rules

Pursuant to G.S. 150B-21.3A, Periodic Review and Expiration of Existing Rules, the Commission for Mental Health, Developmental Disabilities, and Substance Abuse Services has posted the Initial Determination Report for the rules in 10A NCAC Subchapter 26A of the North Carolina Administrative Code.  Public comment means written comments objecting to the rule, in whole or in part, or objecting to an agency's determination of the rule as necessary or unnecessary; the comment must address the content of the rule to be considered by the Rules Review Commission.  An unnecessary rule is defined as a rule that the agency determines to be obsolete, redundant, or otherwise not needed.  A necessary rule is defined as any rule other than an unnecessary rule.

Public Comment Period:  December 13 through February 11, 2025.

Direct Comments to the following:
Denise Baker
3001 Mail Service Center
Raleigh, NC 27699-3001
E-Mail:  [email protected]

Rule Section Rule Citation Rule Name Date and Last Agency Action on the Rule Agency Determination
[150B-21.3A(c)(1)a]		 Implements or Conforms to Federal Regulation [150B-21.3A(d1)] Federal Citation Comment
SECTION .0100 - RULEMAKING PROCEDURES 10A NCAC 26A .0101 AVAILABILITY OF THESE RULES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - RULEMAKING PROCEDURES 10A NCAC 26A .0102 SCOPE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - RULEMAKING PROCEDURES 10A NCAC 26A .0103 PETITIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - RULEMAKING PROCEDURES 10A NCAC 26A .0104 NOTICE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - RULEMAKING PROCEDURES 10A NCAC 26A .0105 HEARINGS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - RULEMAKING PROCEDURES 10A NCAC 26A .0106 JUSTIFICATION OF RULE‑MAKING DECISION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - RULEMAKING PROCEDURES 10A NCAC 26A .0107 RECORD OF RULE‑MAKING PROCEEDINGS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0100 - RULEMAKING PROCEDURES 10A NCAC 26A .0108 FEES Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 ‑ CONTESTED CASES 10A NCAC 26A .0201 SCOPE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 ‑ CONTESTED CASES 10A NCAC 26A .0202 DEFINITIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0200 ‑ CONTESTED CASES 10A NCAC 26A .0203 DETERMINATION OF CONTESTED CASE HEARING Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 ‑ DECLARATORY RULINGS 10A NCAC 26A .0301 SCOPE Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 ‑ DECLARATORY RULINGS 10A NCAC 26A .0302 DEFINITIONS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 ‑ DECLARATORY RULINGS 10A NCAC 26A .0303 AUTHORITY TO MAKE DECLARATORY RULINGS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 ‑ DECLARATORY RULINGS 10A NCAC 26A .0304 PROCEDURES FOR REQUESTING DECLARATORY RULINGS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 ‑ DECLARATORY RULINGS 10A NCAC 26A .0305 ACTION ON REQUEST FOR DECLARATORY RULING Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 ‑ DECLARATORY RULINGS 10A NCAC 26A .0306 PROCEDURES FOR ISSUING DECLARATORY RULINGS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 ‑ DECLARATORY RULINGS 10A NCAC 26A .0307 RECORD OF DECLARATORY RULING PROCEEDINGS Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
SECTION .0300 ‑ DECLARATORY RULINGS 10A NCAC 26A .0308 NOTIFICATION OF COMMISSION Link goes outside of NC DHHS Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. June 20, 2015 Necessary No
Comments submitted to this website may be considered public record and may be disclosed to parties requesting such records, including the identifiable information that you provide in your comment. You may submit your comment without providing any identifiable information. Voluntarily providing identifiable information does not mean that you will be contacted about your comment.

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