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Rules Review

Rules Review Report

In 2013, the North Carolina General Assembly adopted a statute (N.C.G.S. § 150B-21.3A) requiring state agencies to review all existing rules every 10 years and classify each rule as one of the following:

  1. Necessary with substantive public interest,” meaning “any rule for which the agency has received public comments within the past two years,” or any rule that “affects the property interest of the regulated public and the agency knows or suspects that any person may object to the rule.”
  2. Necessary without substantive public interest,” meaning “a rule for which the agency has not received a public comment concerning the rule within the past two years,” and including “a rule that merely identifies information that is readily available to the public, such as an address or a telephone number.”
  3. Unnecessary,” meaning “a rule that the agency determines to be obsolete, redundant, or otherwise not needed.”

In compliance with this statute, the North Carolina Housing Finance Agency has conducted a review of the Agency’s existing rules and made an initial determination as to the classification of each rule, as set forth in the preliminary Periodic Review and Expiration of Existing Rules Report (“Report”) located on the link below. 

The North Carolina Housing Finance Agency’s rules are located in Title 24, Chapter 1 of the N.C Administrative Code, and can be accessed via the link below.

Public Comment to Rules Review Report

Pursuant to N.C.G.S. § 150B-21.3A(a)(5), “public comment” is defined as “written comments objecting to the rule, in whole or in part, received by an agency from any member of the public, including an association or other organization representing the regulated community or other members of the public.”  Public comments must address the content of the rule to be considered by the Commission, and will only be deemed to have merit if the public comment “addresses the specific substance of the rule and relates to any of the standards for review by the Commission set forth in G.S. 150B-21.9(a).”  See N.C.G.S. § 150B-21.3A(c)(2).  The public comment period must run for a period of at least 60 days.  All public comments to the determinations set forth in the preliminary Report should be directed to Casey Howard and emailed to researchhelp@nchfa.com or mailed to the following address during the public comment period:

North Carolina Housing Finance Agency
Attn: Casey Howard
3508 Bush Street
Raleigh, NC 27609

The public comment period will run from April 13, 2017–June 20, 2017.

Links:

Rules Report

N.C. Administrative Code, Title 24, Chapter 1 

NOTICE:

The North Carolina Housing Finance Agency has submitted a Request for Waiver of Filing Deadline, in which the Agency requests a waiver of the deadline set forth in 26 NCAC 05 .0203(c) for submitting the Report to the Rules Review Commission.  This Request does not impact the date on which the Report will be reviewed by the Commission (July 20, 2017), but only requests that the Agency file the Report after the June 15, 2017 filing date and still have the Report reviewed by the Commission as scheduled.

The Agency’s Request for Waiver will be reviewed by the Rules Review Commission at its next regularly scheduled meeting, which will occur on April 20, 2017.  Any objections to the Agency’s Request for Waiver can be made by contacting the Rules Review Commission by no later than 5:00 p.m. on Tuesday, April 18, 2017.