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.
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.
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