Bill Summary for S 640 (2023-2024)

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Summary date: 

Jun 12 2024

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 640 (Public) Filed Wednesday, April 5, 2023
AN ACT TO AMEND OCCUPATIONAL LICENSING BOARD STATUTES IN RESPONSE TO THE HOLDING IN NORTH CAROLINA STATE BOARD OF DENTAL EXAMINERS V. FEDERAL TRADE COMMISSION, TO MAKE VARIOUS CHANGES TO THE ALARM SYSTEMS LICENSING ACT, TO MODIFY THE MACHINERY ACT OF NORTH CAROLINA, AND TO INCREASE THE AMOUNT OF TRAINING REQUIRED FOR LICENSURE BY THE NORTH CAROLINA BOARD OF MASSAGE AND BODYWORK THERAPY.
Intro. by Britt, B. Newton, Daniel.

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Bill summary

House committee substitute to the 2nd edition removes the content of the previous edition and replaces it with the following.

Amends GS 93B-5 by adding to the training required for occupational licensing board members training on antitrust law and State action immunity.

Enacts new GS 93B-17 requiring each occupational licensing board (board) to adopt rules for the receipt and resolution of complaints for taking disciplinary or enforcement actions against both its licensees and persons not licensed by the board. Requires that any interpretation, clarification, or delineation of the scope of practice of a board be adopted as a rule.

Enacts new GS 93B-18 giving a board the authority to investigate unlicensed activity and to notify those persons and entities of possible violations of the law and administrative rules and any action or penalty that may be imposed. Prohibits such a notification from indicating that the board has made any findings of a violation but may indicate the opinion that an act may be a violation, including facts on legislation and court proceedings concerning the violation, and providing notice of the board’s intent to purse administrative remedies or court proceedings with regard to the potential violation. Sets out a statement concerning the board and court’s authority over violations and the individual’s right to request a declaratory ruling that must be included when a board notifies an unlicensed person of a possible violation.

Enacts new GS 93B-19, which sets the venue for a board seeking a court order for injunctive relief or to show cause for failure to comply with a board’s subpoena in the superior court of the county where the defendant resides or in the county where the board has its principal place of business.

Enacts new GS 93B-20 allowing a board to appear in its own name in superior court in actions for injunctive relief to restrain the violation of the provision of a statute administered by the board or rule or order of the board. Gives the superior court jurisdiction to grant these injunctions and restraining orders or to take other appropriate action, even if criminal prosecution may be instituted because of the violation. Prohibits a board from issuing orders independently of the superior court unless it is specifically authorized to by law.

Enacts new GS 93B-21 setting out the State’s policy that jurisdictional disputes among boards be resolved through informal procedures. Provide that if informal procedures fail, an affected board may commence an administrative proceeding by filing a petition with the Office of Administrative Hearings (OAH). The dispute will become a contested case and must be conducted by OAH under Articles 3 (Administrative Hearings) and 4 (Judicial Review) of GS Chapter 150B.

Enacts new GS 93B-22 requiring each board to develop and implement a complaint process that provides: (1) a description of the complaint process on the board's website, including  types of violations that are under the board’s jurisdiction; (2) electronic complaint submission through the board's website; and (3) the ability to provide complainants with a written description of the final disposition of each complaint.

Makes conforming changes to the act’s titles.