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.
Conference report makes the following changes to the 2nd edition.
Amends proposed changes to GS 150B-33(b)(11) and enacts GS 150B-33(c) to prohibit an administrative law judge from ordering the assessment of reasonable attorneys’ fees and witnesses’ fees in contested cases decided under Article 2 of Chapter 150B upon finding that a State agency has sought to implement or enforce a policy, guideline, or other interpretative statement related to the State Medicaid or NC Health Choice program in violation of GS 150B-18 (prohibiting a state agency from implementing or enforcing any policy, guideline, or other interpretative statement that has not been adopted in accordance with Article 2 of Chapter 150B).
Deletes Section 7A of the 2nd edition of the act, pertaining to rule making by the Department of Health and Human Services. Instead, provides the following.
Amends GS 150B-21.3(b) to provide that a permanent rule adopted by the Rules Review Commission (Commission) becomes effective on the first day of the month the rule is approved by the Commission, unless the Commission receives written objections in accordance with new GS 150B-21.3B (proposed by Section 9 of the act) or the agency that adopted the rule specifies a later effective date. Makes conforming repeals of GS 150B-21.3(b1), (b2), (c), and (d). Authorizes the Codifier of Rules to approve permanent rules that do not require notice or hearing pursuant to subsection (f), as an alternative to the Rules Review Commission, as applicable.
Enacts new GS 150B-21.3B to amend and restate repealed provisions of GS 150B-21.3 governing delayed effective dates of administrative rules. Proposed GS 150B-21.3B(b) allows any person who objects to adoption of a permanent rule to submit written comments to the agency promulgating the rule and, if such objection is not resolved prior to adoption of the rule, to submit written objections to the Commission requesting review by the General Assembly. If the Commission receives objections requesting review by the General Assembly from 10 or more persons no later than 5:00 pm of the day following the day the Commission approves the rule, the rule will become effective as provided in GS 150B-21.3B(e).
Enacts GS 150B-21.3B(c) (mirroring language in existing GS 150B-21.3(b2)) to provide that if a rule is subject to review by the General Assembly pursuant to new GS 150B-21.3B(b), the agency may adopt the rule as a temporary rule if the rule meets the criteria listed in GS 150B-21.1(a) (listing procedure for adoption of temporary rules) at the time the notice of text for the permanent rule was published in the NC Register.
Enacts GS 150B-21.3B(e) to provide that a rule subject to review by the General Assembly that is approved by the Commission on or before December 31 of a given calendar year becomes effective on the thirty-first day of the regular session of the following calendar year unless a bill that specifically disapproves the rule is introduced in either house of the General Assembly before the thirty-first legislative day of that session (pursuant to GS 150B-21.3B(d)). If a bill that specifically disapproves the rule is introduced in either house of the General Assembly before the thirty-first legislative day of that session, the rule becomes effective on the earlier of (i) the day an unfavorable final action is taken on the bill or (ii) August 1 of the calendar year following the calendar year the Commission approved the rule. Similar to existing law (GS 150B-21.3(d)(1)), proposed GS 150B-21.3B(a) defines a “legislative day” as a day on which either house of the General Assembly convenes in regular session. Under existing law (GS 150B-21.3(b1)), a rule to which objections from 10 or more persons were received by the Commission becomes effective on the earlier of the thirty-first legislative day or the day of adjournment of the next regular session of the General Assembly that begins at least 25 days after the date the Commission approved the rule. Existing law (GS 150B-21.3(d)(2) (3)) defines day of adjournment as (i) for a regular session held in an odd-numbered year, the day the General Assembly adjourns by joint resolution or by operation of law for more than 30 days and (ii) for a regular session held in an even-numbered year, the day the General Assembly adjourns sine die.
Enacts GS 150B-21.3B(d) to provide that, notwithstanding any rule of the General Assembly, any member of the General Assembly may introduce a bill during the first 30 legislative days of the regular session of any given calendar year to specifically disapprove a rule that has been approved by the Commission and that has not become effective or has become effective by executive order under proposed GS 150B-21.3B(f). A bill specifically disapproves a rule if it contains a provision that refers to the rule by the appropriate NC Administrative Code citation and states that the rule is disapproved.
Enacts GS 150B-21.3D(f) (mirroring language in existing GS 150B-21.3(c)) to provide that the Governor may, by executive order, make effective a permanent rule approved by the Commission but whose effective date has been delayed in accordance with new GS 150B-21.3B(e). A rule made effective by executive order pursuant to new GS 150B-21.3D(f) remains in effect unless it is specifically disapproved by the General Assembly in a bill enacted into law before August 1 of the calendar year following the calendar year the executive order is issued (existing GS 150B-21.3(c) provides that such rule remains in effect unless it is specifically disapproved by the General Assembly in a bill enacted into law on or before the day of adjournment of a regular session of the General Assembly that begins at least 25 days after the date the executive order is issued).
Adds Section 10, which provides Sections 8 and 9 of the act are effective January 1, 2021.
Makes conforming changes to title of the act.
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