North Carolina Administrative Code Title 06 - COUNCIL OF STATE
Here’s an updated overview of North Carolina Administrative Code Title 06 – Council of State, based on the latest official sources:
📘 Structure of Title 06 – Council of State
Title 06 is divided into four primary chapters, each governing specific procedural aspects related to the Council of State:
Chapter 01 – Departmental Rules
Chapter 02 – Rule‑Making Procedures
Chapter 03 – Administrative Hearings
Chapter 04 – Declaratory Rulings
🔍 Key Chapters & Highlights
1. Chapter 01 – Departmental Rules
Covers how executive departments under the Council must develop and submit their internal departmental rules for review and publication.
(Official content details are limited in sources; consult the OAH site for full text.)
2. Chapter 02 – Rule‑Making Procedures
§ 02.0101 outlines the preliminary steps departments must follow:
Adhere to NC General Statutes (Chapter 150B).
Submit proposed rule text to the Council for review, following standard hearing procedures.
Also includes procedures for public notice, comment periods, and the formal review framework.
3. Chapter 03 – Administrative Hearings
Establishes processes and protocols for hearings related to Council-approved actions (e.g., contested rulemaking, enforcement issues).
While details aren't readily available online, content likely mirrors statutory requirements under NC’s Administrative Procedures Act.
4. Chapter 04 – Declaratory Rulings
§ 04.0101: Authorized persons “substantially affected by a rule” may request a declaratory ruling on:
How a rule applies to a particular factual situation.
Whether the rule (or underlying statute) is valid.
Requests are submitted to the relevant executive department, which responds and notifies the Council. The Council may review and amend the response as it sees fit.
🧭 Why It Matters
Checks & Balances: The Council ensures executive department rules undergo review aligned with NC law.
Public Participation: Formal procedures allow for hearings, feedback, and declaratory rulings that clarify rule interpretation.
Accountability & Transparency: Departments must maintain records of hearings and rulings, with the Council maintaining oversight authority.
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