The Maze of Administrative Rulemaking for Occupational Licensing Boards

By Matt Skidmore, Founder, Skidmore Law Group

At some point in elementary school, most of us learned about the legislative process and how laws are created. Who can forget the famous video explaining how a bill becomes a law? Back then, the process seemed straightforward: A bill is introduced in the legislature, and if it passes both chambers with a majority vote and is signed by the chief executive, it becomes law. The Civics lesson usually ended there, and for most people, that was enough.

However, for those in leadership roles—such as Executive Directors, Rulemaking Coordinators, or Board Members of occupational licensing boards in North Carolina—the process of enacting new administrative rules is far more intricate. You'll soon realize that the administrative rulemaking process is significantly more complex than the legislative process you learned about in elementary school.

Chapter 150B of the North Carolina General Statutes outlines the administrative rulemaking process. It requires the following steps to enact a new rule:

• Publication of the proposed rule in the NC Register

• Publication of the proposed rule on the agency’s website

• Notice to interested parties

• A 60-day comment period

• Public hearing upon request

• Agency review of public comments

• Agency adoption of the rule, or substantial changes to the proposed rule

• Review of the proposed rule by the Rules Review Commission (RRC) and potential objections

• RRC approval of the proposed rule

• A waiting period for additional objections

• Potential legislative review of the rule based on objections

• Entry of the proposed rule into the administrative code

For the unprepared, this process can seem like a maze of complexity. It also requires significant lead time, which should be factored into your Board’s decision-making process. Each step requires careful planning, legal expertise, and coordination with various stakeholders. Failing to develop a comprehensive strategy early on—or to recognize the unique needs at each stage—can delay the process and undermine the Board’s ability to enact rules effectively. This, in turn, hampers their ability to regulate.

Given this complexity, it’s essential to advise your Board early in the process on the timeframe for rule approval, as well as the costs, expenses, and risks associated with enacting permanent rules. If you have any questions about the administrative rulemaking process, don’t hesitate to reach out to our office for guidance.