APA RULES REVIEW DEFINITIONS.

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View NCGA Bill Details2021
House Bill 361 (Public) Filed Tuesday, March 23, 2021
AN ACT TO CLARIFY THE SCOPE OF THE ADMINISTRATIVE PROCEDURE ACT.
Intro. by Moffitt, Johnson, Paré, Wray.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 12 2021)

SOG comments (1):

Long title change

Submitted by ddecamillis@sog... on

House committee substitute to the 2nd edition changed the long title. Original title was AN ACT TO MODIFY CERTAIN DEFINITIONS OF THE ADMINISTRATIVE PROCEDURE ACT.

Bill History:

H 361

Bill Summaries:

  • Bill H 361 (2021-2022)
    Summary date: May 11 2021 - View Summary

    House committee substitute to the 2nd edition deletes the content of the previous edition and replaces it with the following. Amends GS 150B-18 by adding that any policy, guideline, or other interpretive statement that an agency attempts to implement or enforce inconsistent with this statute (which sets out the scope and effect of the Article which applies to an agency's exercise of its authority to adopt a rule), is unenforceable unless it is adopted as a rule in accordance with Article 2A (Rules). Makes conforming changes to the act's long title.

    Government, APA/Rule Making
    GS 150B
  • Bill H 361 (2021-2022)
    Summary date: Apr 22 2021 - View Summary

    House committee substitute to the 1st edition makes the following changes. Further amends GS 150B-2, which sets out and defines terms as they are used in GS Chapter 150B (Administrative Procedure Act), by: (1) deleting the proposed definition of guidance document; and (2) amends the term policy by adding that any policy that an agency attempts to implement as a rule must be adopted as a rule to be enforceable.

    Government, APA/Rule Making
    GS 150B
  • Bill H 361 (2021-2022)
    Summary date: Mar 23 2021 - View Summary

    Recodifies subdivisions (1b) and (7) of GS 150B-2 as subdivisions (1a) and (5a) of GS 150B-2, respectively. Further amends GS 150B-2, which sets out and defines terms as they are used in GS Chapter 150B (Administrative Procedure Act), by making the following changes. Adds and defines the term guidance document, bulletin, or memorandum as a document developed by a State agency or staff that provides information or guidance of general applicability to the staff or public to interpret or implement statutes or the agency's rules or regulations; excludes agency minutes or documents pertaining only to the internal management of the agency and specifies that this definition does not expand the identification or release of any document otherwise protected by law. Makes additional organizational, clarifying, and technical changes.

    Government, APA/Rule Making
    GS 150B
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