SUBCHAPTER A

Organization of the North Carolina State Bar

Section .1400 Rulemaking Procedures

Rule .1403 Action by the Council and Review by the North Carolina Supreme Court

(a) Whenever the Executive Committee recommends adoption of any proposed rule or amendment to a rule in accordance with the procedure set forth in Rule .1402 above, the council at its next regular business meeting shall consider the proposal, the Executive Committee’s recommendation, and any comment received from interested parties, and:

 

(1) decide whether to adopt the proposed rule or amendment, subject to the approval of the North Carolina Supreme Court as described in G.S. 84-21;

 

(2) reject the proposed rule or amendment; or

 

(3)  refer the matter back to the Executive Committee for reconsideration.

 

(b) Any proposed rule or amendment to a rule adopted by the council shall be transmitted by the secretary to the North Carolina Supreme Court for its review on a schedule approved by the Court, but in no event later than 120 days following the council’s adoption of the proposed rule or amendment.

 

(c) No proposed rule or amendment to a rule adopted by the council shall take effect unless and until it is approved by order of the North Carolina Supreme Court.

 

(d) The secretary shall promptly transmit the official text of any proposed rule

 or amendment to a rule adopted by the council and approved by the North Carolina Supreme Court to the Office of Administrative Hearings for publication in the North Carolina Administrative Code.

 

(e) Any action taken by the council or the North Carolina Supreme Court in regard to any proposed rule or amendment to a rule shall be reported in the next issue of the printed publication referenced in Rule .1401 above.

 

History Note: Statutory Authority G.S. 84-23

 

Adopted August 23, 2007

 


THE NORTH CAROLINA STATE BAR
217 E. Edenton Street • PO Box 25908 • Raleigh, NC 27611-5908 • 919.828.4620
Copyright © North Carolina State Bar. All rights reserved.