Bill Summary for H 327 (2021)

Summary date: 

Jun 29 2021

Bill Information:

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.

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Bill summary

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. 

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