RRC Rules Review NCSBE 2025 Plan of Review
- Oct 15
- 5 min read
I. PROCESS TO REVIEW the NCSBE 38 Rules currently designated as under Statutory Review:
A. READ: Article 2A. Rules.* Part 1. General Provisions § 150B-18. Scope and effect.
B. READ: § 150B-19. Restrictions on what can be adopted as a rule.
Pay special attention to these as the prohibitions should be considered in determining our assessment of “Necessary” or Unnecessary” Rule.
C. READ: § 150B-19.1. Requirements for agencies in the rule-making process.
Likewise these indications give an additional guide to our assessment.
D. ACCESS: NCSBE RULES UNDER REVIEW:
This list all 38 Rules currently under review. We will be reviewing them in a prioritized order, NOT the order listed here.**
E. OUR ORDER OF REVIEW OF NCAC 08 RULES: WORKSHEET ATTACHED
30. 08 NCAC 10B .0101 (Tasks and Duties of Precinct Officials at Voting Places): Necessary
31. 08 NCAC 10B .0102 (Setting up Polling Place Prior To Voting): Necessary
32. 08 NCAC 10B .0103 (Voting Procedures): Necessary
33. 08 NCAC 10B .0104 (Leaving the Voting Enclosure, Spoiled or Incomplete Ballots): Necessary
34. 08 NCAC 10B .0105 (Procedures at the Close of Voting): Necessary
35. 08 NCAC 10B .0106 (Election Supplies Return): Necessary
36. 08 NCAC 10B .0107 (Assistance to Voters in Primaries and General Elections): Necessary
37. 08 NCAC 10B .0108 (Curbside Voting): Necessary
38. 08 NCAC 10B .0109 (Voting Site Uniformity): Necessary
17. 08 NCAC 04 .0301 (Requirements of Voting Systems): Necessary
18. 08 NCAC 04 .0302 (Approval of Voting Systems): Necessary
19. 08 NCAC 04 .0304 (Operation and Matter of Voting on Voting Systems): Necessary
20. 08 NCAC 04 .0305 (Instruction of Precinct Officials and Voters in the Use of Voting Systems): Necessary
21. 08 NCAC 04 .0306 (Duties of Custodians of Voting Systems): Necessary
22. 08 NCAC 04 .0307 (Testing of Voting System Before Use in an Election): Necessary
E. OUR ORDER OF REVIEW OF NCAC 08 RULES: WORKSHEET ATTACHED (CONT’D)
24. 08 NCAC 06B .0103 (Arrangement of Official Ballots): Necessary
25. 08 NCAC 06B .0104 (Late Changes in Ballots): Necessary
26. 08 NCAC 06B .0105 (Counting of Official Ballots): Necessary
27. 08 NCAC 09 .0106 (General Guidelines): Necessary
28. 08 NCAC 09 .0107 (First Recount): Necessary
29. 08 NCAC 09 .0109 (Guidelines for Determining Voter Intent): Necessary
9. 08 NCAC 03 .0101 (Voter Complaints Against a Member of a County Board of Elections): Necessary
10. 08 NCAC 03 .0102 (Charges): Necessary
11. 08 NCAC 03 .0103 (Hearing): Necessary
12. 08 NCAC 03 .0104 (Rights): Necessary
13. 08 NCAC 03 .0105 (Scope): Necessary
14. 08 NCAC 03 .0106 (Witnesses): Necessary
15. 08 NCAC 03 .0201 (Filing Complaints Against a Precinct Official): Necessary
16. 08 NCAC 03 .0202 (Hearing Date and Disposition): Necessary
E. OUR ORDER OF REVIEW OF NCAC 08 RULES: WORKSHEET ATTACHED (CONT’D)
4. 08 NCAC 02 .0110 (Actions of County Board as to Election Protests) Necessary
5. 08 NCAC 02 .0111 (Election Protest Form): Necessary
6. 08 NCAC 02 .0112 (Appeal to the State Board of Elections): Necessary
7. 08 NCAC 02 .0113 (New Elections Ordered by State Board of Elections): Necessary
8. 08 NCAC 02 .0114 (Dismissal of Improper Protest Filings): Necessary
1. 08 NCAC 01 .0101 (Agency Contact Information and Hours): Necessary
2. 08 NCAC 01 .0106 (Emergency Powers of Executive Director): Necessary
3. 08 NCAC 01 .0107 (Political Party Formation, Termination, and Reinstatement): Necessary
23. 08 NCAC 05 .0111 (Modified Full-Time Offices): Necessary
II. THE REVIEW:
A ) PREPARE TO DOCUMENT YOUR ASSESSMENT:
1.) DOWNLOAD the Rule Report for the Rule under review.
2.) MAKE A COPY of the Rule Report for the Rule under review
and save the copy in a folder for easy access later as needed.
3.) BACK UP YOUR FILES EACH SESSION YOU WORK.
4.) PREPARE to forward your completed Rule Report assessments at the
completion to the Review.
B) IDENTIFY THE STATUTE/STATUTES related to the Rule under review:
1.) The Statutes are generally found within the body of the Rule or at the end within the notations of initial codification, amendments or revisions. MAKE SURE you’re accessing the CURRENT Statute.
2.) Use the Rule Report to access any FEDERAL CODE related to the Rule. The Rule Report DOES NOT list the corresponding Statutes.
C) READ the RULE as written ANSWERING THESE QUESTIONS:
1.) Is the Rule “expressly authorized by federal or State law”?
2.) Is the Rule “necessary to serve the public interest”?
3.) Does the Rule “seek to reduce the burden upon those persons or entities
who must comply with the rule.”?
4.) Is the Rule “written in a clear and unambiguous manner”?
5.) Is the Rule “reasonably necessary to implement or interpret federal or
State law. “
II. THE REVIEW: (CONT’D)
C) READ the RULE as written ANSWERING THESE QUESTIONS: (CONT’D)
6.) Is the “cumulative effect” of the Rule “related to the specific purpose for
which the rule is proposed.”?
7.) Is the Rule “unnecessary or redundant.”?
8.) Is the Rule “based on sound, reasonably available scientific, technical, economic, and other relevant information.”?
9.) Does the Rule “include a reference to this information in the notice of text required by § 150B-21.2(c).”? § 150B-21.2***
10.) Is the Rule “designed to achieve the regulatory objective in a cost-effective and timely manner.”?
11.) Does the Rule “Repeat the contents of a law, a rule, or a federal regulation.”?
12.) Is the Rule “reasonably necessary to implement or interpret an enactment of the General Assembly, or of Congress, or a regulation of a federal agency.”? 150B-21.9. (a)(3)
13.) Does the Rule “waive or modify a requirement set in a rule” without a rule that establishes specific guidelines in determining whether to waive or modify the requirement of the Rule? § 150B-19.(6).
D) DOCUMENT YOUR ASSESSMENT of the Rule on your RULE REPORT
E) BACKUP YOUR WORK.
F) FORWARD A COPY OF YOUR COMPLETED ASSESSMENT AS EACH REVIEWED GROUP IS COMPLETED. The Rule Reports are prepared by Sections, often with multiple Rules within. It’s unnecessary to submit YOUR copy of the report until ALL Rules within that Section are completed.
II. THE REVIEW: (CONT’D)
G) COMPILE ALL SUBMITTED RULE REPORTS TO A SINGLE DOCUMENT.
H) PREPARE A COMMENT FORM FOR EACH RULE REVIEWED as found at:
*(Entire Article 2A Rules. Part 1. LINK FOR ADDITIONAL REFERENCE)
**The OAH NCAC list of Article 8 Elections is HERE:
***§ 150B-21.2. Procedure for adopting a permanent rule.
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