PROPOSED RULE CHANGES WITH AN EFFECTIVE DATE OF DECEMBER 1, 2022

In accordance with N.C.G.S. §150B-19.1(c), the North Carolina Board of Dietetics/Nutrition (the NCBDN) hereby gives notice that it has submitted to the Office of Administrative Hearings-Rules Review Commission for publication in the August 15, 2022 North Carolina Register the notice of text for proposed rule adoptions for rules 21 NCAC 17. 0501 through 21 NCAC 17 .0517 , amends 21 NCAC 17 .0112, and repeal for 21 NCAC 17. 0116. No fiscal note has been prepared and no federal certifications required for any of these proposed changes. 

Explanation of the Proposed Rule Changes:

The proposed rules are being amended, repealed, or adopted in order to align the investigation and complaint rules with current processes. Rule 21 NCAC 17 .0116, which is proposed for repeal, addressed investigations, complaints, and hearings all in one rule. It has not been updated since 2010. The aims of these adoptions are to clarify the investigative process and the procedures followed when a matter proceeds to a hearing. Additionally, it is noted, Rule 21 NCAC 17 .0116 provided for fees that may be recovered against licensees or person found in violation of the Act or Rules. Noting 21 NCAC 17 .0116 is proposed for repeal, 21 NCAC 17 .0516 is proposed to address these same disciplinary costs. The one addition proposed Rule 21 NCAC 17 .0516 would make is to allow for the recovery of "costs incurred by reason of legal fees charged to the Board directly attributable to the action leading to the final decision or order." It is also noted, in Rule 21 NCAC 17 .0517, the Board aims to address the situation of licensee impairment and provide authority to allow the Board to assist licensees through the development of non-disciplinary interventions, treatment, and monitoring programs.

Public Comments: A public hearing on the proposed rule changes will be held via virtual meeting, on September 7, 2022 at 1:00 PM.

Written comments concerning the rules changes will be accepted through October 15, 2022, at 5:00 PM.  It is anticipated that the rule changes will be presented to the NCBDN for consideration and adoption at its October 17, 2022 meeting.

Members of the public may submit written comments on any proposed rule(s) by contacting the NCBDN’s rule-making coordinator as follows:

Charla Burill
NCBDN
1135 Kildaire Farm Rd., Suite 200
Cary, NC 27511
(919) 882-1776 (fax)

info@ncbdn.org

 

Select this link and PDF to view the Notice of Text, and the proposed rules.

Procedure for Subjecting a Proposed Rule to Legislative Review:

If an objection is not resolved prior to the adoption of the rule, a person may also submit written objections to the Rules Review Commission. If the Rules Review Commission receives written and signed objections in accordance with G.S. 150B-21.3(b2) from 10 or more persons clearly requesting review by the legislature and the Rules Review Commission approves the rule, the rule will become effective as provided in G.S. 150B-21.3(b1). The Commission will receive written objections until 5:00 p.m. on the day following the day the Commission approves the rule. The Commission will receive those objections by mail, delivery service, hand delivery, or email. If you have any further questions concerning the submission of objections to the Commission, please call a Commission staff attorney at 984-236-1850.