AMEND OCCUPATIONAL LICENSING BOARDS STATUTES.

View NCGA Bill Details2015-2016 Session
House Bill 1007 (Public) Filed Wednesday, April 27, 2016
AN ACT TO RESPOND TO THE HOLDING IN NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS V. FEDERAL TRADE COMMISSION, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE, AND TO CLARIFY THE EDUCATIONAL REQUIREMENTS FOR BARBER REGISTRATION.
Intro. by Jordan, Stevens, Bryan.

Status: Re-ref Com On Finance (Senate Action) (Jun 21 2016)

SOG comments (2):

Identical bill

Identical to S 783, filed 4/27/16.

Long Title Change

House amendments to the 2nd edition made changes to the long title. The original title was as follows:

AN ACT TO RESPOND TO THE HOLDING IN NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS V. FEDERAL TRADE COMMISSION, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.

H 1007

Bill Summaries:

  • Summary date: Jun 16 2016 - More information

    House amendments make the following changes to the 2nd edition.

    Amendment #1 amends GS 143B-68, which sets out the membership of the Public Librarian Certification Commission (Commission), to eliminate the membership of the chairman of the North Carolina Association of Library Trustees from the Commission. Instead, increases the number of Commission members named by the Governor upon the nomination of the North Carolina Library Association from one to two members. Makes technical changes.

    Amendment #2 amends GS 150B-38, which sets out the scope of administrative hearings, to provide that the provisions of Article 3A of GS Chapter 150B (APA) apply to the Securities Division of the Department of the Secretary of State.

    Amendment #3 changes the long title of the act.

    Amends GS 86A-3 (qualifications for certificate as a registered barber) to require a person to have received a high school diploma or its equivalency or a high school graduation equivalency certificate and provided documentation thereof to the State Board of Barber Examiners (Board) to qualify for a certificate of registration as a registered barber.

    Makes conforming change to GS 86A-22 (licensing and regulating barber schools and colleges) by adding new subsection (2a). Makes technical change to subsection (1).

    Makes conforming changes to the act's title.

    Amendment #4 makes technical changes to GS 93B-1(b) (list of occupational licensing boards).


  • Summary date: Jun 14 2016 - More information

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 93B-1 to now define occupational licensing board as any board, committee, commission, or other agency in the state that receives no General Fund revenue and is given statutory authority to: (1) determine minimum qualifications required for licensure for a particular profession or occupation, (2) issue licenses to qualified applicants, (3) regulate the conduct of licensees within a particular profession or occupation, (4) seek injunctive relief to prohibit unlicensed individuals or entities from engaging in certain activities as defined by statute, and (5) collect fees to support agency operations. Specifically identifies 64 boards that are the only occupational licensing boards included, and prohibits adding boards or commissions to the list without approval by the Joint Legislative Administrative Procedure Oversight Committee. Makes additional technical changes.

    Amends GS 93B-2 to require that the occupational licensing board annual reports also be submitted to the Department of Commerce, State Auditor, Office of State Budget and Management, and the State Controller and no longer requires submission to the Secretary of State or the Attorney General. Adds to the information that must be reported: (1) certification of a proper system of internal control and other financial information;(2) report of all civil penalties, civil forfeitures, and civil fines collected and remitted to the Civil Penalty and Forfeiture Fund; (3) additional information concerning fees; and (4) a financial audit if the board has a budget of at least $50,000. Makes organizational changes. Requires that the reports be posted on the boards' websites. Makes conforming changes to GS 93B-4.

    Amends GS 93B-5 to increase the cap on board member payments from $100 to $200 each day during which members are engaged in board business.

    Requires that the complaint process provided for in GS 93B-22, as enacted by the act, must be implemented and active on each board's Web site no later than January 1, 2017.

    Amends GS 115C-457.2 (remittance of money to the Civil Penalty and Forfeiture Fund) to allow boards to satisfy the statute's reporting requirements by including the required information in the board's annual report.

    Amends GS 143C-9-4 (biennial fee report) to require the Office of State Budget and Management to obtain the information required in the statute from the board's annual report.

    Amends GS 143D-7 (agency management responsibilities) to allow boards to satisfy the statute's reporting requirements by including the required information in the board's annual report. Also, breaks the statute down into three new subsections, (a) through (c).

    Amends GS 150B-38 (scope of administrative hearings) to provide that the provisions of Article 3A of GS Chapter 150B (APA) apply to occupational licensing boards, as defined by GS 93B-1 (previously, occupational licensing agencies).

    Amends GS 150B-45 to provide that if a petition for judicial review of a final decision is filed in an incorrect county, the Superior Court may order a change of venue; however, improper venue is not grounds for dismissal of the petition.


  • Summary date: Apr 27 2016 - More information

    Amends GS 93B-5(g) concerning required training for occupational licensing board (OLB) members, adding a requirement that OLB members must also now receive training within the first six months and at least every two years on federal antitrust law and state action immunity

    Enacts new GS 93B-17 to require all OLBs to adopt rules for the receipt and resolving of complaints and disciplinary or enforcement actions against licensees, as well as for actions against those not licensed by the board.  Also requires OLBs to adopt as rule any interpretation, clarification, or delineation of the board's scope of practice.

    Enacts GS 93B-18 giving OLBs the authority to investigate unlicensed activity as well as to notify unlicensed persons and entities of possible violations and the possibility of any civil or criminal action or penalty that can be imposed by a court.  Sets out specific, standardized language that must be used when OLBs notify unlicensed persons or entities of possible violations of law.

    Enacts GS 93B-19 to provide that the venue for OLBs seeking injunctive relief or for show cause for failure to comply with an OLB subpoena is the superior court where the defendant resides or in the county of the OLB's principal place of business.

    Enacts GS 93B-20 concerning injunctive relief providing that any OLB can appear under its own name in superior court for actions seeking injunctive relief as needed to restrain activities in violation of OLB's rules or orders. Prohibits OLBs from issuing such orders on its own volition.

    Enacts GS 93B-21 concerning jurisdictional disputes among OLBs, providing for resolution through informal proceedings. If no resolution is reached, provides for resolution by petition to the Office of Administrative Hearings by way of contested hearing.

    Enacts GS 93B-22 requiring OLBs to develop and implement a complaint process by which the OLB can electronically on its website accept complaints as well as provide complainants with a written description of the disposition of complaints.

    Directs the Joint Legislative Procedure Oversight Committee to continue to monitor and study the effects of the opinion of the NC State Board of Dental Examiners v. Federal Trade Commission decision.


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