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RULES REVIEW COMMISSION

The meeting was called to order at 10:02 a.m. with Ms. Hayman presiding.  She reminded the Commission members that they have a duty to avoid conflicts of interest and the appearances of conflicts as required by NCGS 138A-15(e).  Chairman Hayman asked for any discussion, comments, or corrections concerning the minutes of the April 17 meeting.  Commissioner Jeff Gray suggested a correction on page four of the minutes.  He noted that in the objection to 21 NCAC 06O .0115 “fee” should be “fine.”  The minutes were approved contingent on the corrections being made.
FOLLOW-UP MATTERS

10A NCAC 27G .0212 – Mental Health Commission.  No rewritten rule has been submitted and no action was taken.
10A NCAC 67A .0107 – Social Services Commission.  The Commission approved the rule submitted by the agency.  Mr. Hank Bowers from the agency spoke to the Commissioners explaining the reasons why they used identification numbers.
12 NCAC 11 .0210 – Alarm Systems Licensing Board.  Mr. DeLuca spoke with Charles McDarris, the Attorney for the agency.  Mr. McDarris was in agreement with commission counsel’s recommendation to object to the rule and that the rule needed revision.  The commission objected to this rule based on lack of statutory authority and ambiguity.  The second to the last sentence of this rule, lines 11 – 12, allows the board to exempt certain companies from “compliance with this rule.” However there are no standards set in the rule which the board will use in determining whether to grant this exemption. If the standards are set outside rulemaking that is outside the agency’s authority and a violation of G.S. 150B-19(6).  If the intent of the rule is to grant the exemption to any company providing only monitoring services, then that is not clear.
15A NCAC 06E .0107 – Soil and Water Conservation Commission.  The Commission approved the rewritten rule submitted by the agency.
15A NCAC 06I .0107 – Soil and Water Conservation Commission.  The Commission approved the rewritten rule submitted by the agency.
15A NCAC 10B .0203 – Wildlife Resources Commission.  The agency determined that the version of the rule approved by the RRC at its April meeting was not the rule adopted by the Wildlife Resources Commission at its meeting in March.  On the recommendation of Commission Counsel DeLuca, the RRC rescinded its April approval of the rule and approved the rule originally adopted by the Wildlife Resources Commission.
15A NCAC 10C .0107 – Wildlife Resources Commission.  No rewritten rule has been submitted and no action will be taken on this rule until a joint rule is filed by the Marine Fisheries Commission.
15A NCAC 10I .0104 – Wildlife Resources Commission.  The Commission approved the rewritten rule submitted by the agency.
21 NCAC 06A .0103 – State Board of Barber Examiners.  The Commission approved the rewritten rule submitted by the agency.
21 NCAC 06J .0109 – State Board of Barber Examiners.  The Commission approved the rewritten rule submitted by the agency.
21 NCAC 06K .0110 – State Board of Barber Examiners.  The Commission approved the rewritten rule submitted by the agency.
21 NCAC 06L .0106, .0115, .0118, .0119 – State Board of Barber Examiners.  The Commission approved rewritten rules .0106 and .0115 submitted by the agency.  The Commission also approved new rules .0118 and .0119 adopted by the agency in response to the objection to rule .0115.
21 NCAC 06O .0112, .0115 – State Board of Barber Examiners.  The Commission approved the rewritten rules submitted by the agency.
21 NCAC 06P .0103 – State Board of Barber Examiners.  The Commission approved the rewritten rule submitted by the agency.
21 NCAC 06Q .0101 – State Board of Barber Examiners.  The Commission approved the rewritten rule submitted by the agency.
25 NCAC 01L .0102 – State Personnel Commission.  The rule was returned to the agency at the agency’s request.
LOG OF FILINGS

22:23                                                               NORTH CAROLINA REGISTER                                           JUNE 2, 2008

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