Bill Summary for S 81 (2023-2024)
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AN ACT FOR TECHNICAL CHANGES RELATED TO VARIOUS ADMINISTRATIVE LAW PROVISIONS OF THE GENERAL STATUTES, AS REQUESTED BY THE OFFICE OF ADMINISTRATIVE HEARINGS.Intro. by Moffitt, Sawrey, Daniel.
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Amends GS 150B-21.1A(a) (governing emergency rules) to replace the notice requirements for emergency rules to require notice to an agency mailing list of those who have requested notice of rulemaking maintained pursuant to GS 150B-21.2(d) before adopting an emergency rule (currently, an agency may adopt an emergency rule without prior notice or hearing or upon any abbreviated notice or hearing it finds practical) if adhering to the Part's requirements on notice and hearings would be contrary to public interest and immediate adoption is required by a threat to the public health or safety. Amends GS 150B-27.1 (governing repeal of agency authority and termination of agencies) to set a 30-day time limit from the date of repeal for the agency that adopted the rule to give the Codifier of Rules notice that (1) the agency has repealed a rule because its statutory authority was repealed or (2) the agency has repealed a rule concerning a function of the agency because an executive order has abolished all or part of the agency and did not transfer a function of that agency to another agency. (Current law just requires notice in these circumstances but does not set a time limit.) Requires the Codifier of Rules to remove the rule from the North Carolina Administrative Code (Code) after notifying the agency if it does not receive timely notice set forth above. (Current law requires that the Codifier of Rules receive notice from the agency before removing the rule from the Code.) Amends the requirements for including a rule in the Code in GS 150B-21.19 to require both temporary and permanent rules to be approved by the Rules Review Commission to be included in the Code. (Currently, just permanent rules must be approved by the Rules Review Commission.) Applies to emergency rules adopted on or after the act becomes law.
Removes GS 41A-7(b)’s (governing enforcement of the State Fair Housing Act) requirement that fair housing complaints and answers filed before the North Carolina Human Relations be verified (sworn). Applies to complaints and answers filed on or after the act becomes law.
Amends GS 120-30.9H (governing published decisions of the U.S. Attorney General in the North Carolina Register) to require authorities that receive decision letters and other documents of the U.S. Attorney General regarding changes affecting voting to file those documents with the Codifier of Rules instead of the Director of the Office of Administrative Hearings. Makes other conforming change.
Amends GS 163-278.23 (setting forth Duties of the Executive Director of the State Board) to require that all opinions issued under the law be published unedited in the North Carolina Register (Register) and the State Board of Elections website (instead of the Register and the Code). States that the section applies to Article 22M of the Chapter to the same extent it applies to this Article (was, applicable to Articles and 22M of the General Statutes). Applies to filings made after the act becomes law.