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.
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.
© 2022 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.