What's Happening with Rules

by Womble Bond Dickinson

The Administrative Procedures Oversight Committee met since adjournment last summer and has recommended the following be introduced as bills for the 2014 short session.  I will add links to the bills as they are filed:

SB 777 - An Act to Eliminate Obsolete Boards and Commissions. This bill repeals the Small Business Contractor Act and the Small Business Contactor Authority; provides for the Committee on Drop Out Prevention to expire; eliminates the State Education Commission but keeps the Education Cabinet; provides for the Natural Heritage Area Determination Commission to expire; repeals the Governor's Management Council; repeals the Board of Directors for the NC Center for Nursing; repeals the Board of Corrections; and encourages the Chief Justice to abolish the Actual Innocence Commission.  http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S777v0.pdf

SB 779 - An Act to Clarify the Process for Readoption of Existing Rules in Accordance with the Periodic Review and Expirations of Existing Rules Provision of the Administrative Procedure Act. The bill requires the Rules Review Commission to adopt a schedule for agency review of existing rules. The agency may amend the rule during readoption. If the rule is unchanged the agency is not required to prepare a fiscal note. http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S779v0.pdf   

SB 778 - An Act to Authorize Licensing Boards Subject to Chapter 55B of the General Statutes to Adopt Rules to Implement the Provisions of the Chapter.  This bill authorizes the adoption of rules including those that set fees.   http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S778v0.pdf

SB 775 - An Act to Authorize the Office of Administrative Hearings to Allow Documents in a Contested Case to be Filed Electronically.  http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S775v0.pdf

SB 781 - An Act to Clarify that the State Board of Education is Subject to Rule Making Under the Administrative Procedure Act and to Provide a Remedy When an Agency Fails to Act as Directed by Statute. Legislators have been frustrated that the Board is working under arbitrary policies and procedures rather than official promulgated rules.  http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S781v0.pdf

SB 776 - An Act to Streamline the Rule-Making Process by Eliminating the Requirement that an Agency Obtain a Certification of Adherence to Rule-Making Principles Prior to Submitting the Proposed Text of a Rule for Publication.  http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S776v0.pdf

SB 774 - An Act to Establish that the State Agency has the Burden of Proof in Certain Contested Cases. This bill assigns the burden of proof to the State rather than the petitioner if civil penalties or fines are imposed; it assigns the burden of proof to the State rather than the petitioner if a career state employee is discharged, demoted, or suspended.  http://www.ncleg.net/Sessions/2013/Bills/Senate/PDF/S774v0.pdf



DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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