Periodic Review of Existing Rules

N.C. Gen. Stat. §150B-21.3A adopted in 2013, requires state agencies to review existing rules every 10 years. The Real Estate Commission’s rules are located by subchapters in Title 21 of the NC Administrative Code, Chapter 58 and are due for review in March 2018.

The Commission is required to evaluate each of the existing rules and make an initial determination from one of these three classifications:

• Necessary with substantive public interest – The agency has received public comment on the rule within the past two years or the rule affects the property interest of the regulated public, and the agency knows or suspects that any person may object to the rule. Rules designated as “necessary with substantive public interest” must be re-adopted as if they were new rules, following the permanent rulemaking process set forth in Article 2A.
• Necessary without substantive public interest – The agency determines that the rule is needed, and the rule has not had public comment in the last two years. Rules designated as “necessary without substantive public interest” will remain in the Code.
• Unnecessary – The agency determines that the rule is obsolete, redundant, or otherwise not needed. Rules designated as “unnecessary” will be removed from the Code without any further agency action.

The Commission invites you to submit written comments on the Initial Periodic Review Determination Report to the Commission Rulemaking Coordinator, Melissa Vuotto. Public comments will be accepted from March 24, 2017, to May 30, 2017. A “public comment” is defined by G.S. 150B-21.3A(a)(5) as a written objection to all or part of a rule. Additionally, pursuant to G.S. 150B-21.3A(c)(2), in order for the Rules Review Commission to determine whether the public comment has merit, the public comment must address the specific substance of the rule and address any of the standards of Commission review, as set forth in G.S. 150B-21.9(a)

Melissa Vuotto
Rulemaking Coordinator
NC Real Estate Commission
PO Box 17100
Raleigh, NC 27619-7100
public.comment@ncrec.gov

Form 0800A – Existing Rule Review Report for Publication
Initial Periodic Review Determination Report
REC Rules (Active Link to online Code)