Administrative Code: Is the Rule Necessary or Unnecessary
- Oct 15
- 3 min read
Comment on Whether a Rule is Necessary or Unnecessary
The public comment period on the State Board’s initial determinations for these rules starts on Aug. 11, 2025, and ends on Oct. 17, 2025. Public comment is an opportunity for the public to weigh in on the agency’s initial determination of whether a rule is necessary or unnecessary.
Public comments should be directed to the State Board of Elections Rulemaking Coordinator.
“Public comment” is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule.
“Public Comment” means for the purposes of all agency rulemaking actions in the APA a comment received by the agency relating to the rulemaking during the notice and comment period. [OAH Staff]
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).
For the purposes of the existing rules review required by G.S. 150B-21.3A, public comment means written comments objecting to the rule, in whole or part, or objecting to an agency's determination of the rule as necessary or unnecessary, 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. [G.S. 150B-21.3A(a)(5)]
For purposes of this subsection, a public comment has merit if it addresses the specific substance of the rule. § 150B-21.3A
(2a) Necessary rule. Means any rule other than an unnecessary rule.
(6) Unnecessary rule. Means a rule that the agency determines to be obsolete, redundant, or otherwise not needed. § 150B-21.3A(a)(6)
§ 150B-21.9. Standards and timetable for review by Commission.(a) Standards. - The Commission must determine whether a rule meets all of the following criteria:(1) It is within the authority delegated to the agency by the General Assembly.(2) It is clear and unambiguous.(3) It is reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency . The Commission shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed.(4) It was adopted in accordance with Part 2 of this Article.
Members of the public may comment in any of the following ways through
• Email: rulemaking.sboe@ncsbe.gov (Note: Commenter must identify the specific rule being commented on.)
Mail: Attn: Rule-making Coordinator, P.O. Box 27255, Raleigh, NC 27611-7255 (Note: Commentator must identify the specific rule being commented on.)
Once the comment period closes, the State Board will review the public comments, prepare a brief response addressing each comment, and make a final determination that is filed with the Rules Review Commission for the next step in the periodic review process.
The STEPS involved in the Rules Review Process are found in
§ 150B-21.3A. Review and expiration of existing Rules.
Three primary steps, with subsections to each, are found there, with time notations that apply.
OF SPECIAL NOTE:
EXCLUSIONS – 150B-21.3A(3)(e):
The following rules shall not expire as provided in this section:
(1) Rules adopted to conform to or implement federal law.
OTHER REVIEWS – 150B-21.3A(3)(f):
Notwithstanding any provision of this section, an agency may subject a rule that it determines to be unnecessary to review under this section at any time by notifying the Commission that it wishes to be placed on the schedule for the current year.
The Commission may also subject a rule to review under this section at any time by notifying the agency that the rule has been placed on the schedule for the current year. (2013-413, s. 3(b); 2014-115, s. 17; 2014-120, s. 2; 2015-164, s. 7; 2015-286, s. 1.6(a); 2019-140, s. 3(a).)
jrb09242025.oahrrcrulesreviewncsbe2025CommentsByThePublic.doc1
Comments