Bill Summaries: H 117 MODIFY ADMINISTRATIVE LAW PROVISIONS.

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  • Summary date: Feb 14 2023 - View Summary

    Repeals GS 150B-21.5(c), which permits the Occupational Safety and Health Division of the Department of Labor to adopt a rule regarding an occupational safety and health standard that is identical to a federal regulation promulgated by the Secretary of the United States Department of Labor without publishing notice in the North Carolina Register, holding a hearing, or submitting the rule text to the Rules Review Commission. 

    Amends GS 150B-21-6 to create subsection (a) from existing text. Requires that an agency incorporating material by reference in a rule must specify where members of the public can obtain copies of the referenced material at no cost. Removes language regarding statements citing to former GS 150B-14(b) and (c) for specifying whether referenced material includes subsequent amendments and editions. Creates new subsection (b), which prohibits agencies subject to GS 150B-19.3 (limitation on certain environmental rules) from incorporating subsequent amendments and editions of the referenced material, except through a subsequent rulemaking proceeding. 

    Amends GS 150B-21.9(a)(4) to remove “Part 2” from the subdivision, meaning the revised language would require the Rules Review Commission to find that a rulemaking was adopted in compliance with all of Article 2A (Rules).