VARIOUS ADMINISTRATIVE LAW CHANGES. (NEW)

View NCGA Bill Details2021
House Bill 327 (Public) Filed Wednesday, March 17, 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 UPDATE THE MODEL CODE OF JUDICIAL CONDUCT FOR STATE ADMINISTRATIVE LAW JUDGES, AND TO MAKE CLARIFYING CHANGES TO THE OCCUPATIONAL LICENSING LAWS.
Intro. by Moffitt, Riddell, Stevens, Yarborough.

Status: Re-ref Com On Rules and Operations of the Senate (Senate action) (Jun 29 2021)

SOG comments (1):

Long title change

Senate committee substitute to t he 2nd edition changed the long title. Previous long title was AN ACT TO UPDATE THE PROCESS FOR LEGISLATIVE REVIEW OF RULES.

Bill History:

H 327

Bill Summaries:

  • Summary date: Jun 29 2021 - More information

    Senate committee substitute makes the following changes to the 2nd edition.

    Modifies the proposed changes to GS 150B-21.3 regarding the effective dates of permanent rules, now providing that when a bill that specifically disapproves of an adopted rule is introduced in either house of the NCGA before the thirty-first legislative day of that session, the rule's effective date is delayed until September 1 of the calendar year of that session or the day that session of the General Assembly adjourns without ratifying a bill that specifically disapproves the rule (was, delayed until September 1 of the calendar year of that session), unless the agency adopting the rule specifies a later effective date or the bill is enacted. 

    Adds the following content.

    Amends GS 150B-21.18 by requiring the Codifier of Rules to publish the North Carolina Administrative Code electronically on the Office of Administrative Hearings' website instead of publishing printed copies; maintains the provision allowing the Code to be published in other forms. Specifies that the electronic version of the Code published on the Office of Administrative Hearings' website is considered the official publication of the North Carolina Administrative Code. Effective January 1, 2022.

    Repeals GS 150B-21.25, which allowed a person who is not entitled to a free copy of the North Carolina Administrative Code or North Carolina Register to obtain a copy by paying a fee set by the Codifier of Rules, with money collected under this provision credited to the General Fund. Effective January 1, 2022.

    Amends GS 7A-754 by updating the reference to the American Bar Association Model Code of Judicial Conduct for State Administrative Law Judges with which the Chief Administrative Law Judge and administrative law judges must comply. Specifies that the provisions of this statute control, however, as to the private practice of law in lieu of Rule 3.10 of Canon 3 (was, 4G), and GS 126-13 controls as to political activity in lieu of Canon 4 (was, 5).

    Amends GS 93B-8.1 by expanding the definition of applicant, as it applies in the statute (use of criminal history records in consideration of an applicant for licensure) to also include a person who makes application for licensure from a State agency licensing board.

    Amends the act's titles. 


  • Summary date: Apr 28 2021 - More information

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

    Modifies the proposed changes to GS 150B-21.3 regarding the effective dates of permanent rules, eliminating its proposed repeals and deleting proposed GS 150B-21.3B regarding legislative review of rules. Instead, amends subsection (b1) of GS 150B-21.3 to provide that when a bill that specifically disapproves of an adopted rule is introduced in either house of the NCGA before the thirty-first legislative day of that session, the rule's effective date is delayed until September 1 of the calendar year of that session (was the earlier of either the day an unfavorable final action is taken on the bill or the day that session of the NCGA adjourns without ratifying a bill that specifically disapproves the rule), unless the agency adopting the rule specifies a later effective date or the bill is enacted. Makes conforming changes. 


  • Summary date: Mar 17 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; 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 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 on the earlier of the day an unfavorable final action is taken on the bill or 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.

    Effective January 1, 2022, and applies to rules adopted on or after that date.


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