Bill Summary for H 612 (2019-2020)

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Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 612 (Public) Filed Thursday, April 4, 2019
AN ACT TO REQUIRE THE SOCIAL SERVICES COMMISSION OF THE DIVISION OF SOCIAL SERVICES TO REVIEW POLICIES, GUIDELINES, AND OTHER INTERPRETIVE STATEMENTS AND SUBMIT A REPORT TO THE OFFICE OF ADMINISTRATIVE HEARINGS; CLARIFY THE AUTHORITY OF BOARDS TO REQUIRE CRIMINAL HISTORY RECORDS; AND UPDATE THE PROCESS FOR LEGISLATIVE REVIEW OF RULES.
Intro. by Stevens, Riddell, White.

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Bill summary

Requires the North Carolina Division of Social Services (Division), by and through the Social Services Commission (Commission), to prepare and submit for review to the Office of Administrative Hearings (OAH) a comprehensive report of its existing publications, policies, and procedures, by May 31, 2020. Specifies the types of publications, policies, and procedures to be included. Requires identifying any publications, policies, and procedures used by the Division that satisfies the definition of a rule and requires an explanation by the Commission for any publications, policies, and procedures it believes do not satisfy the definition of a rule and are not subject to the rule-making provisions in GS Chapter 150B.

Requires the Commission and OAH to jointly review the findings of its report to identify any publications, policies, and procedures which are rules and subject to the rule-making provisions; requires that if there is disagreement between the Commission and the OAH during the joint review, then OAH must refer the publication, policy, or procedure in disagreement to the Rules Review Commission (RRC) for a determination.

Deems any existing publications, policies, and procedures identified through joint review or determined by the RRC as satisfying the definition of a rule to be interim rules so long as they do not conflict with any provisions of the General Statutes. Such interim rules become null and void January 1, 2021, if the Commission has failed to publish a notice of text in the North Carolina Register to adopt the interim rule as a permanent rule. Any interim rule authorized by this section becomes null and void July 1, 2021, if the Commission has failed to adopt that interim rule as a permanent rule by that date.