North Carolina § 120C-101 - Rules and forms.

§ 120C-101. Rules and forms.

The Commission shall adopt any rules or definitions necessary to interpret the provisions of this Chapter and adopt any rules necessary to administer the provisions of this Chapter, except for Articles 2, 4 and 8 of this Chapter. The Secretary of State shall adopt any rules, orders, and forms as are necessary to administer the provisions of Articles 2, 4 and 8 of this Chapter. The Secretary of State may appoint a council to advise the Secretary in adopting rules under this section. With respect to the forms adopted under subsection (a) of this section, the Secretary of State shall adopt rules to protect from disclosure all confidential information under Chapter 132 of the General Statutes related to economic development initiatives or to industrial or business recruitment activities. The information shall remain confidential until the State, a unit of local government, or the business has announced a commitment by the business to expand or locate a specific project in this State or a final decision not to do so, and the business has communicated that commitment or decision to the State or local government agency involved with the project. Repealed by Session Laws 2018-146, s. 4.5(h), effective December 27, 2018. For purposes of G.S. 150B-21.3(b2), a written objection filed by the Commission to a rule adopted by the Secretary of State pursuant to this Chapter shall be deemed written objections from 10 or more persons under that statute. Notwithstanding G.S. 150B-21.3(b2), a rule adopted by the Secretary of State pursuant to this Chapter objected to by the Commission under this subsection shall not become effective until an act of the General Assembly approving the rule has become law. If the General Assembly does not approve a rule under this subsection by the day of adjournment of the next regular session of the General Assembly that begins at least 25 days after the date the Rules Review Commission approves the rule, the permanent rule shall not become effective and any temporary rule associated with the permanent rule expires. If the General Assembly fails to approve a rule by the day of adjournment, the Secretary of State may initiate rulemaking for a new permanent rule, including by the adoption of a temporary rule. History (1991, c. 740, s. 1.1; 2005-456, s. 1; 2006-201, s. 18; 2007-348, s. 9; 2008-213, s. 9; 2010-169, s. 16; 2016-125, 4th Ex. Sess., s. 4; 2017-6, ss. 2, 3, 6; 2018-146, ss. 3.1(a), (b), 4.5(h).) Editor's Note. - This section was recodified as now former G.S. 163A-251 by Session Laws 2017-6, s. 3. Former G.S. 163A-251 was then re-recodified as this section by Session Laws 2018-146, s. 3.1(a), effective January 31, 2019. The historical citation from the former section has been added to this section as re-recodified. Session Laws 2015-241, s. 14.30(qqq1), as added by Session Laws 2015-268, s. 5.4(i), provides: "The Codifier of Rules shall make any conforming rule changes necessary to reflect the transfers, name changes, recodifications, and associated conforming statutory changes made by this section." Session Laws 2016-125, ss. 1-19, 4th Ex Sess., similarly recodified Chapters 120C, 138A, and 163 in a new Chapter. That new Chapter was designated as Chapter 138B , and headings for new Chapter 138B , Subchapter I, and Article 1 were enacted, along with new sections designated as G.S. 138B-1 through 138B-6. Due to a constitutional challenge to the provisions of Session Laws 2016-125, 4th Ex Sess., the recodification was stayed and never went into effect. Session Laws 2017-6, s. 2, repealed Part I of 2016-125, 4th Ex Sess., among which were the recodifying provisions in ss. 1-19. Session Laws 2018-146, s. 3.1(b), effective January 31, 2019, repealed Session Laws 2017-6, ss. 3 and 6, which had amended this section. Session Laws 2017-6, s. 3, had recodified this section. Session Laws 2017-6, s. 6, had rewritten subsection (a), made substitutions of "State Board" for "Secretary of State" in subsection (b), made substitutions of "Article" for "Chapter" and "State Board" for "Commission" in subsection (c), and deleted subsection (d). Effect of Amendments. - Session Laws 2007-384, s. 9, effective July 1, 2007, rewrote subsection (a), substituted "this subsection" for "this section" in the concluding paragraph of subsection (c), and added subsection (d). Session Laws 2008-213, s. 9, effective August 15, 2008, in subsection (c), substituted "comply with" for "maintain a mailing list of interested persons as provided in"; in subdivision (c)(3), substituted "notify those" for "notify persons"; and in subsection (d), added "under that statute" to the end of the first sentence. Session Laws 2010-169, s. 16, effective August 2, 2010, in the last paragraph in subsection (c), added "and applies prospectively" at the end of the first sentence and added the last two sentences. Session Laws 2017-6, s. 6, effective May 1, 2017, rewrote subsection (a); in subsection (b), substituted "State Board" for "Secretary of State" near the middle of the first sentence; in subsection (c), substituted "this Article" for "this Chapter" once and "State Board" for "Commission" three times in the introductory language, and substituted "State Board" for "Commission" twice in the last sentence of the closing language; and deleted former subsection (d), which read: "For purposes of G.S. 150B-21.3(b2) , a written objection filed by the Commission to a rule adopted by the Secretary of State pursuant to this Chapter shall be deemed written objections from 10 or more persons under that statute. Notwithstanding G.S. 150B-21.3(b2) , a rule adopted by the Secretary of State pursuant to this Chapter objected to by the Commission under this subsection shall not become effective until an act of the General Assembly approving the rule has become law. If the General Assembly does not approve a rule under this subsection by the day of adjournment of the next regular session of the General Assembly that begins at least 25 days after the date the Rules Review Commission approves the rule, the permanent rule shall not become effective and any temporary rule associated with the permanent rule expires. If the General Assembly fails to approve a rule by the day of adjournment, the Secretary of State may initiate rulemaking for a new permanent rule, including by the adoption of a temporary rule." Session Laws 2018-146, s. 4.5(h), effective December 27, 2018, repealed subsection (c).