Title 06 NCAC — Council of State

Chapter 01 Departmental Rules

06 NCAC 01 .0101 Administration {#sec-06-ncac-01-.0101 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0101}

History

• Status: expired
• Authority North Carolina Constitution, Article III, Sections 2,7,8; G.S. G.S. 132-1; 147-13
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 01 .0102 Purpose {#sec-06-ncac-01-.0102 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0102}

History

• Status: expired
• Authority North Carolina Constitution, Article III, Sections 2,7,8; G.S. G.S. 132-1; 147-13
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 01 .0103 Meetings {#sec-06-ncac-01-.0103 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0103}

History

• Status: expired
• Authority North Carolina Constitution, Article III, Sections 2,7,8; G.S. G.S. 132-1; 147-13
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 01 .0104 Location {#sec-06-ncac-01-.0104 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0104}

History

• Status: expired
• Authority North Carolina Constitution, Article III, Sections 2,7,8; G.S. G.S. 132-1; 147-13
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 01 .0105 Proxies {#sec-06-ncac-01-.0105 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0105}

History

• Status: expired
• Authority North Carolina Constitution, Article III, Sections 2,7,8; G.S. G.S. 132-1; 147-13
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 01 .0106 Agenda {#sec-06-ncac-01-.0106 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0106}

History

• Status: expired
• Authority North Carolina Constitution, Article III, Sections 2,7,8; G.S. G.S. 132-1; 147-13
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 01 .0107 Records of Meetings {#sec-06-ncac-01-.0107 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0107}

History

• Status: expired
• Authority North Carolina Constitution, Article III, Sections 2,7,8; G.S. G.S. 132-1; 147-13
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 01 .0108 Administration {#sec-06-ncac-01-.0108 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0108}

The Council shall be served by a secretary who shall be appointed by the Governor. In the absence of the Governor, the Lieutenant Governor shall preside. In the absence of the Lieutenant Governor, the Council shall be chaired by a member of the Council to be determined by the order in which members are listed in Article III, Section 7 of the North Carolina Constitution.

History

• Authority North Carolina Constitution, Article III, Section 2,7,8
• Eff. July 1, 2026.

06 NCAC 01 .0110 Meetings {#sec-06-ncac-01-.0110 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0110}

The Council of State shall convene at such times and places, as the Governor shall deem necessary.

History

• Authority G.S. 147-13
• Eff. July 1, 2026.

06 NCAC 01 .0111 Location {#sec-06-ncac-01-.0111 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0111}

The Council of State has no permanent office or staff. Matters to be brought before the Council of State shall be submitted to the Council's Secretary through the Office of the Governor unless by statute or specific rule they must first be presented to an executive department for transmittal to the Council.

History

• Authority G.S. 147-13
• Eff. July 1, 2026.

06 NCAC 01 .0112 Proxies {#sec-06-ncac-01-.0112 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0112}

No proxies shall be counted in order to establish a quorum for conducting business.

History

• Authority G.S. 147-13
• Eff. July 1, 2026.

06 NCAC 01 .0113 Agenda {#sec-06-ncac-01-.0113 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0113}

The agenda for each Council of State meeting shall be compiled by the Council's Secretary. The Secretary is authorized to make sufficient inquiries and request sufficient information to ensure that the Council will have adequate information with which to consider any agenda item. On each agenda there shall be an occasion provided for any individual Council of State member to bring before the Council any other matter desired.

History

• Authority G.S. 147-13
• Eff. July 1, 2026.

06 NCAC 01 .0114 Records of Meetings {#sec-06-ncac-01-.0114 omnilex-key=us-nc-regs-official--title-06--06 NCAC 01 .0114}

The minutes of the Council of State meetings shall be kept by the Secretary and shall be compiled into the journal of the Council of State. The journal shall be kept in the Office of the Governor and shall be open to public inspection during regular business hours.

History

• Authority G.S. 132-1; 147-13
• Eff. July 1, 2026.

Chapter 02 Rule-making Procedures

06 NCAC 02 .0101 Preliminary Steps for Rule-Making {#sec-06-ncac-02-.0101 omnilex-key=us-nc-regs-official--title-06--06 NCAC 02 .0101}

History

• Status: expired
• Authority G.S. 126-12; 143-260.8(g); 143-341(4),(8)(k); 143-345.1; 146-1; 147-13; 150B-59
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 02 .0102 Petitions for Rule-Making Hearings {#sec-06-ncac-02-.0102 omnilex-key=us-nc-regs-official--title-06--06 NCAC 02 .0102}

History

• Status: expired
• Authority G.S. 126-12; 143-260.8(g); 143-341(4),(8)(k); 143-345.1; 146-1; 147-13; 150B-59
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 02 .0103 Adoption or Approval of Rules {#sec-06-ncac-02-.0103 omnilex-key=us-nc-regs-official--title-06--06 NCAC 02 .0103}

History

• Status: expired
• Authority G.S. 126-12; 143-260.8(g); 143-341(4),(8)(k); 143-345.1; 146-1; 147-13; 150B-59
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 02 .0104 Filing of Rules {#sec-06-ncac-02-.0104 omnilex-key=us-nc-regs-official--title-06--06 NCAC 02 .0104}

History

• Status: expired
• Authority G.S. 126-12; 143-260.8(g); 143-341(4),(8)(k); 143-345.1; 146-1; 147-13; 150B-59
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 02 .0105 Preliminary Steps for Rule-Making {#sec-06-ncac-02-.0105 omnilex-key=us-nc-regs-official--title-06--06 NCAC 02 .0105}

In those instances where the Council of State must approve a rule adopted by an executive department or when it adopts a rule itself, proposed text for the rule must be submitted to the Council for review beforehand. The proposed text shall be submitted by the executive department responsible for administering the statute to which the proposed rule relates. The executive department must follow Chapter 150B of the General Statutes on rule-making before submitting its recommendation to the Council. The hearing procedures applicable to that executive department apply. The Council may initiate rule-making in those matters which require its approval.

History

• Authority G.S. 126-12; 143-260.8(g); 143-341(4),(8)(k); 143-345.1; 146-1
• Eff. July 1, 2026.

06 NCAC 02 .0106 Petitions for Rule-Making Hearings {#sec-06-ncac-02-.0106 omnilex-key=us-nc-regs-official--title-06--06 NCAC 02 .0106}

Whenever any person submits a petition for rule-making relating to matters for which the Council of State must approve or promulgate rules, the chief executive official of the responsible department shall determine if the public interest will be served by granting the request. If the request is denied, the petitioning party may appeal that decision as stated in G.S. 150B-20(d).

History

• Authority G.S. 126-12; 143-260.8(g); 143-341(4),(8)(k); 143-345.1; 146-1; 150B-20
• Eff. July 1, 2026.

06 NCAC 02 .0107 Adoption or Approval of Rules {#sec-06-ncac-02-.0107 omnilex-key=us-nc-regs-official--title-06--06 NCAC 02 .0107}

Upon completion of the departmental rule-making process, the department shall forward proposed rules which must be approved or adopted by the Council, along with a record or minutes of the rule-making hearing and any other written submissions desired, to the Council's secretary for inclusion on the agenda of the Council's next meeting. The Council may request such other information as it deems necessary and appropriate from the department.

History

• Authority G.S. 126-12; 143-260.8(g); 143-341(4),(8)(k); 143-345.1; 146-1; 147-13; 150B-18
• Eff. July 1, 2026.

06 NCAC 02 .0108 Filing of Rules {#sec-06-ncac-02-.0108 omnilex-key=us-nc-regs-official--title-06--06 NCAC 02 .0108}

Rules adopted by the Council of State are recorded in the journal of the Council and are codified pursuant to the provisions of the North Carolina Administrative Procedure Act, Chapter 150B of the North Carolina General Statutes, with the rules of the executive department responsible for administering the rules and related statutes.

History

• Authority G.S. 147-13; 150B-21.18; 150B-21.19
• Eff. July 1, 2026.

Chapter 03 Administrative Hearings

06 NCAC 03 .0101 Administrative Hearings {#sec-06-ncac-03-.0101 omnilex-key=us-nc-regs-official--title-06--06 NCAC 03 .0101}

History

• Status: repealed
• Authority G.S. 143-318.4; 150A, Article 3; 150A-2(2); 150A-14; 150A-23; 150A-36
• Eff. February 3, 1976
• Repealed Eff. March 1, 1989 in accordance with G.S. 150B-59(c).

06 NCAC 03 .0102 Proposal for Decision {#sec-06-ncac-03-.0102 omnilex-key=us-nc-regs-official--title-06--06 NCAC 03 .0102}

History

• Status: repealed
• Authority G.S. 143-318.4; 150A, Article 3; 150A-2(2); 150A-14; 150A-23; 150A-36
• Eff. February 3, 1976
• Repealed Eff. March 1, 1989 in accordance with G.S. 150B-59(c).

06 NCAC 03 .0103 Final Decision {#sec-06-ncac-03-.0103 omnilex-key=us-nc-regs-official--title-06--06 NCAC 03 .0103}

History

• Status: repealed
• Authority G.S. 143-318.4; 150A, Article 3; 150A-2(2); 150A-14; 150A-23; 150A-36
• Eff. February 3, 1976
• Repealed Eff. March 1, 1989 in accordance with G.S. 150B-59(c).

06 NCAC 03 .0104 Record of Decisions {#sec-06-ncac-03-.0104 omnilex-key=us-nc-regs-official--title-06--06 NCAC 03 .0104}

History

• Status: expired
• Authority G.S. 147-13; 150B-36
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Expired Eff. January 1, 2016 pursuant to G.S. 150B-21.3A.

Chapter 04 Declaratory Rulings

06 NCAC 04 .0101 Declaratory Ruling Process {#sec-06-ncac-04-.0101 omnilex-key=us-nc-regs-official--title-06--06 NCAC 04 .0101}

History

• Status: expired
• Authority G.S. 147-13; 150B-17
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 04 .0102 Records of Declaratory Rulings {#sec-06-ncac-04-.0102 omnilex-key=us-nc-regs-official--title-06--06 NCAC 04 .0102}

History

• Status: expired
• Authority G.S. 147-13; 150B-17
• Eff. February 3, 1976
• Amended Eff. May 1, 1989
• Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. December 20, 2015
• Rules Expired on October 30, 2025 for failure to report pursuant to G.S. 150B-21.3A.(b).

06 NCAC 04 .0103 Declaratory Ruling Process {#sec-06-ncac-04-.0103 omnilex-key=us-nc-regs-official--title-06--06 NCAC 04 .0103}

Any person aggrieved by a rule approved or adopted by the Council of State may request a declaratory ruling as to either the manner in which the rule applies to a given factual situation, if at all, or as to whether a particular rule of the Council is valid. Such persons may also request a declaratory ruling concerning the applicability to a given factual situation of a statute administered by the Council. All requests for declaratory rulings shall be submitted to the executive department responsible for administering the statute to which the rule relates. All such requests shall be in accordance with the administrative procedures of the responsible executive department. The chief executive officer of the responsible executive department shall respond to the request in accord with the applicable administrative procedures of the department. The chief executive officer of the responsible department shall also notify the Council of any such request received and the department's proposed disposition thereof. The Council may, in its discretion, review and amend any such proposed departmental declaratory rulings. In its determination whether to review, whether to amend, and how to amend the proposed declaratory ruling, the Council shall consider at least the following factors: whether there is authority to adopt the rule; the effect of the rule on existing rules, programs, and practices; probable costs and cost factors of the rule; and the impact of the rule on the public and regulated entities. It may also take such other action in regard thereto as it deems necessary.

History

• Authority G.S. 147-13; 150B-4
• Eff. August 1, 2026.

06 NCAC 04 .0104 Records of Declaratory Rulings {#sec-06-ncac-04-.0104 omnilex-key=us-nc-regs-official--title-06--06 NCAC 04 .0104}

A record of all declaratory ruling proceedings shall be maintained in the executive department responsible for administering the statute to which the questioned rule relates. The record shall be maintained in accordance with the department's administrative procedures. Also, a record of the dispositions of all such declaratory ruling proceedings shall be kept in the Council journal.

History

• Authority G.S. 147-13; 150B-4
• Eff. July 1, 2026.