VARIOUS ADMINISTRATIVE LAW CHANGES.-AB

View NCGA Bill Details2021
Senate Bill 513 (Public) Filed Monday, April 5, 2021
AN ACT TO UPDATE THE PROCESS FOR LEGISLATIVE REVIEW OF RULES, TO DESIGNATE THE NORTH CAROLINA ADMINISTRATIVE CODE PUBLISHED ONLINE AS THE OFFICIAL VERSION AND REMOVE THE REQUIREMENT TO PUBLISH AND PROVIDE PRINTED COPIES, TO CLARIFY THAT CONSULTATION WITH THE JOINT LEGISLATIVE COMMISSION ON GOVERNMENTAL OPERATIONS FOR TEMPORARY AND EMERGENCY RULES THAT ESTABLISH OR INCREASE A FEE IS NOT REQUIRED, TO UPDATE THE MODEL CODE OF JUDICIAL CONDUCT FOR STATE ADMINISTRATIVE LAW JUDGES, AND TO MAKE CLARIFYING CHANGES TO THE OCCUPATIONAL LICENSING LAWS.
Intro. by Galey, Sanderson.

Status: Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate (Senate action) (Apr 26 2021)
S 513

Bill Summaries:

  • Summary date: Apr 5 2021 - More information

    Amends GS 150B-21.3 regarding the effective dates of permanent rules as follows. Amends subsection (b) to reference new GS 150B-21.3B(b) which establishes procedures for legislative review of rules; deletes subsection (b1) which provided for delayed effective dates of rules; deletes subsection (b2) which established the process by which a person may object to a rule; deletes subsection (c) which authorized the Governor to make a rule effective by executive order; amends subsection (c1) to specify that only permanent rules that establish a new or increased fee are subject to the consultation requirements of GS 12-3.1; deletes subsection (d) which defined a legislative day and legislative day of adjournment; and amends subsection (f) to include approval of a rule for which no notice or hearing is required by the Codifier of Rules, if applicable, for certain permanent rules.

    Enacts GS 150B-21.3B establishing procedures for legislative review of rules as follows. Defines legislative day. Establishes procedures for filing objections to the adoption of permanent rules. Permits any person to object to adoption of a permanent rule by filing written comments with the agency and, if the objection is not resolved, by filing written objections to the RRC clearly requesting review by the NCGA in accordance with instructions posted on the Commission’s website. Provides for the rule to become effective under the delayed effective date requirements of subsection (e) if the Commission receives written objections from 10 or more persons no later than 5:00 P.M. on the day following the day the Commission approves a rule. Requires the Commission to notify the agency that the rule is subject to legislative rule.  

    Authorizes an agency to adopt as a temporary rule a permanent rule that is subject to legislative review if the rule would have met the criteria of GS 150B-21.1(a) at the time the notice of the rule was published in the North Carolina Register. Allows the agency to make other rules effective under the delayed effective date requirements of subsection (e) by giving written notice to the Commission if a rule under legislative review is among a group of related rules adopted at the same time. 

    Authorizes any NCGA member to introduce a bill during the first 30 legislative days of the regular session specifically disapproving a rule that is subject to legislative review under subsection (b), which has been approved by the Commission or that has not yet become effective or has been made effective by executive order pursuant to subsection (f). Requires the bill to refer to the rule by its Administrative Code citation and state that the rule is disapproved. 

    Provides for a delayed effective date of rules subject to legislative review as follows. Rules approved by the Commission on or before December 31 become effective on the 31st legislative day of the Regular Session in the following calendar year unless a bill disapproving the rule is introduced before that legislative day. If a bill disapproving the rule is timely introduced, the rule becomes effective August 1 of the calendar year following the calendar year the Commission approved the rule. Provides that a permanent rule not approved by the Commission or that is disapproved by a bill that becomes law does not become effective. 

    Authorizes the Governor to make a permanent rule approved by the Commission effective by Executive Order subject to the delayed effective date requirements of subsection (e) when the Governor finds that the rule is necessary to protect public health, safety, or welfare. Requires the Codifier of Rules to reflect this action when entering the rule in the Administrative Code. Provides for continued effect of a rule made effective by executive order unless disapproved by the NCGA in a bill that becomes law before August 1 of the year following the year in which the executive order is issued, and requires the Codifier of Rules to note in the Administrative Code that the rule was not disapproved by the NCGA.

    Revises GS 150B-21.18 to require the Codifier of Rules to publish the NC Administrative Code (NCAC) electronically on its website of the Office of Administrative Hearings (OAH; previously required to publish in print). Deems the electronic version of the Code the official publication. 

    Repeals GS 150B-21.25 which provides for paid copies of the NC Register and the NCAC.

    Makes the above provisions effective January 1, 2022. 

    Adds to the exceptions to the consultation requirement of GS 12-3.1, temporary and emergency rules that establish a new fee or increase an existing fee. Revises the exceptions to include rules that establish a new fee or increase an existing fee or charge to State, federal, or local governmental units (was, rules establishing fees or charges to such governments). 

    Revises requirements of the Chief Administrative Law Judge and administrative law judges of OAH under GS 7A-754. Requires compliance with the American Bar Association Model Code of Judicial Conduct for State Administrative Law Judges dated August 2018, as amended (was, a similar Model Code revised in 1998), with the provisions of the statute controlling as to the practice of law in lieu of Rule 3.10 of Canon 3, and GS 126-13 controlling as to political activity in lieu of Canon 4.

    Amends GS 93B-8.1 to include a person who makes application for licensure from a State agency licensing board to the defined term applicant


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