N.C General Statute § 150B-21.3A, adopted in 2013, and revised in July 2019 by Session Law 2019-140, requires state agencies and commissions to review existing rules every 10 years, determining whether each rule is necessary or unnecessary. An unnecessary rule is obsolete, redundant, or otherwise not needed.
The previous periodic review was completed for all NCDOT rules over a five-year period ending on July 19, 2018, according to a schedule set by the N.C. Rules Review Commission. Rules enforced by the NCDOT were included in this new requirement.
The current periodic review will be conducted on a 10-year cycle beginning in 2024 and concluding in 2034.
A report of the department’s initial determination concerning each rule can be found at the links below. A copy of the report will also be posted on the Office of Administrative Hearings' (OAH) website.
NCDOT determined that all current rules are necessary. The public has 60 days from the date of posting on the OAH website, to review and provide comment. The NCDOT Rulemaking Coordinator will respond to any public comments by addressing the merits of each comment.
| Departmental Rules
| PDF Link
| Necessary | Nov. 15, 2024-Jan. 21, 2025
|
19A NCAC 02
| Division of Highways
| PDF Link
|
Necessary
| Nov. 15, 2024-Jan. 21, 2025
|
19A NCAC 03
| Division of Motor Vehicles
| PDF Link
| Necessary
| Nov. 15, 2024-Jan. 21, 2025
|
| 19A NCAC 04 | Secretary of Transportation
| PDF Link
| Necessary
| Nov. 15, 2024-Jan. 21, 2025
|
19A NCAC 05
| Administration
| PDF Link
| Necessary
| Nov. 15, 2024-Jan. 21, 2025
|
19A NCAC 06
| Transit, Rail & Aviation
| PDF Link
| Necessary
| Nov. 15, 2024-Jan. 21, 2025
|
Unnecessary
| The agency determines that the rule is obsolete, redundant or otherwise not needed.
|
Necessary
| The agency determines that the rule does not meet the criteria of unnecessary.
|
Public Comment
“Public comment” is defined by N.C. General Statute § 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to N.C. General Statute § 150B-21.3A(c)(2), 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 N.C. General Statute § 150B-21.9(a). All comments received will be submitted to the Rules Review Commission for consideration.
Comments in the periodic review of rules process should be related to whether you think NCDOT has correctly classified rules as necessary.
When submitting a comment, please be sure to include the applicable rule number.
If you would like to provide comment on the Department’s initial determination, please send written comment to:
Emily Wiley
NCDOT Rulemaking Coordinator
1501 Mail Service Center
Raleigh, NC 27699-1501
OR
rulemaking@ncdot.gov
Subject: Rules Comment
Rules Review Commission
After the comment period is over and NCDOT has made its final determination, a report of the determination, as well as any public comments received and the Department’s response to those comments, will be sent to the Rules Review Commission.
These rules will be heard before the Rules Review Commission on the dates specified below. More information can be found on the Rules Review Commission website.
Direct Notification of All NCDOT Rulemaking
If you would like to receive future notices regarding rules undergoing rules review, which are open for public comment under N.C. General Statute §150B-21.3A, please request to be added to the NCDOT Rules Notification List by emailing rulemaking@ncdot.gov.
Mailing List
To receive notices regarding rules undergoing rules review that are open for public comment under N.C. General Statute §150B-21.3A by subscribing to the Interested Parties mailing list.
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