FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 17-6 — NC Code / Chapter 17 / Section 17-6
§ 17-6. To judge of appellate division or superior court in writing
Status: in_force

Application for the writ shall be made in writing, signed by the applicant--

(1) To any one of the justices or judges of the appellate division.

(2) To any one of the superior court judges, either during a session or in vacation.
N.C. Gen. Stat. § 62-94 — NC Code / Chapter 62 / Section 62-94
§ 62-94. Record on appeal; extent of review
Status: in_force

(a) On appeal the court shall review the record and the exceptions and assignments of error in accordance with the rules of appellate procedure, and any alleged irregularities in procedures before the Commission, not shown in the record, shall be considered under the rules of appellate procedure.

(b) So far as necessary to the decision and where presented, the court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning and applicability of the terms of any Commission action. The court may affirm or reverse the decision of the Commission, declare the same null and void, or remand the case for further proceedings; or it may reverse or modify the decision if the substantial rights of the appellants have been prejudiced because the Commission's findings, inferences, conclusions or decisions are:

(1) In violation of constitutional provisions, or

(2) In excess of statutory authority or jurisdiction of the Commission, or

(3) Made upon unlawful proceedings, or

(4) Affected by other errors of law, or

(5) Unsupported by competent, material and substantial evidence in view of the entire record as submitted, or

(6) Arbitrary or capricious.

(c) In making the foregoing determinations, the court shall review the whole record or such portions thereof as may be cited by any party and due account shall be taken of the rule of prejudicial error. The appellant shall not be permitted to rely upon any grounds for relief on appeal which were not set forth specifically in his notice of appeal filed with the Commission.

(d) The court shall also compel action of the Commission unlawfully withheld or unlawfully or unreasonably delayed.

(e) Upon any appeal, the rates fixed or any rule, regulation, finding, determination, or order made by the Commission under the provisions of this Chapter shall be prima facie just and reasonable.
N.C. Gen. Stat. § 95-25-22 — NC Code / Chapter 95 / Section 95-25-22
§ 95-25.22. Recovery of unpaid wages
Status: in_force

(a) Any employer who violates the provisions of G.S. 95-25.3 (Minimum Wage), G.S. 95-25.4 (Overtime), or G.S. 95-25.6 through 95-25.12 (Wage Payment) shall be liable to the employee or employees affected in the amount of their unpaid minimum wages, their unpaid overtime compensation, or their unpaid amounts due under G.S. 95-25.6 through 95-25.12 , as the case may be, plus interest at the legal rate set forth in G.S. 24-1 , from the date each amount first came due.

(a1) In addition to the amounts awarded pursuant to subsection (a) of this section, the court shall award liquidated damages in an amount equal to the amount found to be due as provided in subsection (a) of this section, provided that if the employer shows to the satisfaction of the court that the act or omission constituting the violation was in good faith and that the employer had reasonable grounds for believing that the act or omission was not a violation of this Article, the court may, in its discretion, award no liquidated damages or may award any amount of liquidated damages not exceeding the amount found due as provided in subsection (a) of this section.

(b) Action to recover such liability may be maintained in the General Court of Justice by any one or more employees.

(c) Action to recover such liability may also be maintained in the General Court of Justice by the Commissioner at the request of the employees affected. Any sums thus recovered by the Commissioner on behalf of an employee shall be held in a special deposit account and shall be paid directly to the employee or employees affected.

(d) The court, in any action brought under this Article may, in addition to any judgment awarded plaintiff, order costs and fees of the action and reasonable attorneys' fees to be paid by the defendant. In an action brought by the Commissioner in which a default judgment is entered, the clerk shall order attorneys' fees of three hundred dollars ($300.00) to be paid by the defendant.

The court may order costs and fees of the action and reasonable attorneys' fees to be paid by the plaintiff if the court determines that the action was frivolous.

(e) The Commissioner is authorized to determine and supervise the payment of the amounts due under this section, including interest at the legal rate set forth in G.S. 24-1 , from the date each amount first came due, and the agreement to accept such amounts by the employee shall constitute a waiver of the employee's right to bring an action under subsection (b) of this section.

(f) Actions under this section must be brought within two years pursuant to G.S. 1-53 .

(g) Prior to initiating any action under this section, the Commissioner shall exhaust all administrative remedies, including giving the employer the opportunity to be heard on the matters at issue and giving the employer notice of the pending action.
N.C. Gen. Stat. § 53C-4-13 — NC Code / Chapter 53C / Section 53C-4-13
§ 53C-4-13. Immediate report of changes in directors and certain officers
Status: in_force

Each bank shall report to the Commissioner any changes in its (i) directors, (ii) president, (iii) chief executive officer, (iv) chief financial officer, (v) chief loan officer, or (vi) chief credit officer by the close of the second day on which the bank is open for business following such change.
N.C. Gen. Stat. § 127A-161 — NC Code / Chapter 127A / Section 127A-161
§ 127A-161. Definitions
Status: in_force

As used in this Article, the following terms mean:

(1) Armory.--Any building or building complex and related facilities, including the lands for them, which are intended to be utilized by the militia for training, administration, storage, and the maintenance and servicing of equipment.

(2) Armory site.--That land, meeting federal and State specifications, upon which an armory may be constructed.

(3) Department.--The North Carolina Department of Public Safety.

(4) Facilities.--Those adjuncts to an armory, including but not limited to yards, storage buildings, sheds, ramps, racks, target ranges, furniture, fixtures and other equipment and installations.

(5) Funds.--Any monies appropriated by any municipality, county, the State or the United States government and made available for the purpose of acquiring armory sites or constructing or repairing any armory, warehouse, or other facility for the use of any unit or for any other purpose in connection with the housing, training, instruction or promotion of the interest of any unit.

(6) Municipality.--Any incorporated city, town or village.

(7) Unit.--Any organizational entity of the militia.
N.C. Gen. Stat. § 111-7 — NC Code / Chapter 111 / Section 111-7
§ 111-7. In-home services
Status: in_force

The Department of Health and Human Services may foster maximum independence of blind and visually impaired persons through the provision of in-home independent living, development of community-based support groups, and related services as it deems advisable.
N.C. Gen. Stat. § 36C-10-1002 — NC Code / Chapter 36C / Section 36C-10-1002
§ 36C-10-1002. Damages for breach of trust
Status: in_force

(a) A trustee who commits a breach of trust is liable for the greater of:

(1) The amount required to restore the value of the trust property and trust distributions to what they would have been had the breach not occurred; or

(2) The profit the trustee made by reason of the breach.

(b) Except as otherwise provided in this subsection, if more than one trustee is liable to the beneficiaries for a breach of trust, a trustee is entitled to contribution from the other trustee or trustees. A trustee is not entitled to contribution if the trustee was substantially more at fault than another trustee or if the trustee committed the breach of trust in bad faith or with reckless indifference to the purposes of the trust or the interests of the beneficiaries. A trustee who received a benefit from the breach of trust is not entitled to contribution from another trustee to the extent of the benefit received.
N.C. Gen. Stat. § 15A-1115 — NC Code / Chapter 15A / Section 15A-1115
§ 15A-1115. Review of infractions originally disposed of in superior court
Status: reserved

(a) Repealed by S.L. 2013-385, § 1, eff. Dec. 1, 2013 .

(b) Review of Infractions Originally Disposed of in Superior Court.--If the superior court disposes of an infraction pursuant to its jurisdiction in G.S. 7A-271(d) , appeal from that judgment is as provided for criminal actions in the superior court.
N.C. Gen. Stat. § 58-39-65 — NC Code / Chapter 58 / Section 58-39-65
§ 58-39-65. Previous adverse underwriting decisions
Status: in_force

No insurance institution or agent may base an adverse underwriting decision in whole or in part:

(1) On the fact of a previous adverse underwriting decision or on the fact that an individual previously obtained insurance coverage through a residual market mechanism: Provided, however, an insurance institution or agent may base an adverse underwriting decision on further information obtained from an insurance institution or agent responsible for a previous adverse underwriting decision;

(2) On personal information received from an insurance-support organization whose primary source of information is insurance institutions: Provided, however, an insurance institution or agent may base an adverse underwriting decision on further personal information obtained as the result of information received from such insurance-support organization.
N.C. Gen. Stat. § 143B-135-106 — NC Code / Chapter 143B / Section 143B-135-106
§ 143B-135.106. Scenic easements within right-of-way
Status: in_force

Within the boundaries of the right-of-way, the Secretary of the North Carolina Department of Administration may acquire, on behalf of the State of North Carolina, lands in fee title, or interest in land in the form of scenic easements, cooperative agreements, easements of surface ingress and egress running with the land, leases, or less than fee estates. Acquisition of land or of interest therein may be by gift, purchased with donated funds or funds appropriated by the governmental agencies for this purpose, proceeds from the sale of bonds or exchange. Any change in value of land resulting from the grant of an easement shall be taken into consideration in the assessment of the land for tax purposes.
N.C. Gen. Stat. § 105-501 — NC Code / Chapter 105 / Section 105-501
§ 105-501. Distribution of additional taxes
Status: reserved

(a) Method.--The Secretary must, on a monthly basis, allocate to each taxing county the net proceeds of the additional one- half percent ( 1 / 2 %) sales and use taxes collected in that county under this Article. If the Secretary collects taxes under this Article in a month and the taxes cannot be identified as being attributable to a particular taxing county, the Secretary must allocate the net proceeds of these taxes among the taxing counties in proportion to the amount of taxes collected in each county under this Article in that month.

The Secretary must divide and distribute the funds allocated to a taxing county each month under this section between the county and the municipalities located in the county in accordance with the method by which the one percent (1%) sales and use taxes levied in that county pursuant to Article 39 of this Chapter or Chapter 1096 of the 1967 Session Laws are distributed. No municipality may receive any funds under this section if it was incorporated with an effective date of on or after January 1, 2000, and is disqualified from receiving funds under G.S. 136-41.2 . No municipality may receive any funds under this section, incorporated with an effective date on or after January 1, 2000, unless a majority of the mileage of its streets are open to the public.

(b) Deductions.--The costs incurred by the State to provide the functions listed in this subsection that support local governments are deductible from the collections to be allocated each month for distribution.

(1) The Department's cost of the following for the preceding month must be deducted and credited to the Department:

a. The Local Government Division.

b. The Property Tax Commission.

(1a) The Department of State Treasurer's costs for personnel and operations of the Local Government Commission.

(2) One-twelfth of the costs of the following for the preceding fiscal year must be deducted and credited to the General Fund:

a. The School of Government at the University of North Carolina at Chapel Hill in operating a training program in property tax appraisal and assessment.

b. Repealed by S.L. 2011-145, § 27.1(b), eff. July 1, 2012 .

c. Seventy percent (70%) of the expenses of the Department of Revenue in performing the duties imposed by Article 2D of this Chapter.
N.C. Gen. Stat. § 58-20-5 — NC Code / Chapter 58 / Section 58-20-5
§ 58-20-5. Definitions
Status: in_force

For purposes of this Article:

(1) “Association” means a trade or professional association that has been in existence for at least five years, and has adopted a written constitution, and a written set of bylaws, and was created for purposes other than for participating in a club.

(2) “Club” means a commercial fishermen's hull insurance and protection and indemnity club created under this Article.

(3) “Commercial fisherman” means any individual, corporation, or other business entity whose earned income is at least fifty percent (50%) derived from taking and selling food resources living in any ocean, bay, river, gulf, estuary, tidal wetlands, spoil area, estuation exit or entrance, or any other body of water or tidal wetlands from which a commercial harvest of fish may be taken.

(4) “Hull Insurance and Protection and Indemnity” means:

a. Insurance against loss or damage to a vessel's hull, lifeboats, rafts, and other operating equipment of the vessel other than its electrical machinery; and

b. Insurance against loss of life, personal injury, or illness to the master, the crew, and other third parties, and against damage to any other vessel or property, such as cargo, for which the insured is legally liable.
N.C. Gen. Stat. § 160A-518 — NC Code / Chapter 160A / Section 160A-518
§ 160A-518. Right of obligee
Status: in_force

An obligee of the commission shall have the right in addition to all other rights which may be conferred on such obligee, subject only to any contractual restrictions binding upon such obligee:

(1) By mandamus, suit, action or proceeding at law or in equity to compel said commission and the commissioners, officers, agents or employees thereof to perform each and every term, provision and covenant contained in any contract of said commission with or for the benefit of such obligee, and to require the carrying out of any or all such covenants and agreements of said commission and the fulfillment of all duties imposed upon said commission by this Article; and

(2) By suit, action or proceeding in equity, to enjoin any acts or things which may be unlawful, or the violation of any of the rights of such obligee of said commission.
N.C. Gen. Stat. § 143B-933 — NC Code / Chapter 143B / Section 143B-933
§ 143B-933. Criminal record checks for foster care
Status: in_force

The Department of Public Safety may provide to the Division of Social Services, Department of Health and Human Services, the criminal history from the State and National Repositories of Criminal Histories as defined in G.S. 131D-10.2(6a) . The Division shall provide to the Department of Public Safety, along with the request, the fingerprints of the individual to be checked, any additional information required by the Department of Public Safety, and a form consenting to the check of the criminal record and to the use of fingerprints and other identifying information required by the State or National Repositories signed by the individual to be checked. The fingerprints of the individual shall be forwarded to the State Bureau of Investigation for a search of the State's criminal history record file, and the State Bureau of Investigation shall forward a set of fingerprints to the Federal Bureau of Investigation for a national criminal history record check. The Division shall keep all information pursuant to this section privileged, as provided in G.S. 131D-10.3A(g) . The Department of Public Safety shall charge a reasonable fee only for conducting the checks of the national criminal history records authorized by this section.
N.C. Gen. Stat. § 90-270-51 — NC Code / Chapter 90 / Section 90-270-51
§ 90-270.51. Powers and duties
Status: reserved

(a) The Board shall administer and enforce this Article.

(b) Subject to the provisions of Chapter 150B of the General Statutes, the Board may adopt, amend, or repeal rules to administer and enforce this Article, including rules of professional ethics for the practice of marriage and family therapy.

(c) The Board shall examine and pass on the qualifications of all applicants for licensure under this Article, and shall issue a license to each successful applicant.

(d) The Board may adopt a seal which may be affixed to all licenses issued by the Board.

(e) The Board may authorize expenditures to carry out the provisions of this Article from the fees that it collects, but expenditures may not exceed the revenues or reserves of the Board during any fiscal year.

(f) The Board may employ, subject to the provisions of Chapter 126 of the General Statutes , attorneys, experts, and other employees as necessary to perform its duties.

(g) Reserved.

(h) The Board may order that any records concerning the practice of marriage and family therapy and relevant to a complaint received by the Board, or an inquiry or investigation conducted by or on behalf of the Board, shall be produced by the custodian of the records to the Board or for inspection and copying by employees, representatives of or counsel to the Board. These records shall not become public records as defined by G.S. 132-1 . A licensee or an agency employing a licensee shall maintain records for a minimum of five years from the date the licensee terminates services to the adult client and the client services record is closed. For minor clients the licensee or agency employing the licensee shall maintain records until the client is 22 or five years after the termination of services, whichever occurs later. A licensee shall cooperate fully and in a timely manner with the Board and its designated employees, representatives, or investigators in an inquiry or investigation conducted by or on behalf of the Board.
N.C. Gen. Stat. § 7A-62 — NC Code / Chapter 7A / Section 7A-62
§ 7A-62. Acting district attorney
Status: in_force

When a district attorney becomes for any reason unable to perform his duties, the Governor shall appoint an acting district attorney to serve during the period of disability. An acting district attorney has all the power, authority and duties of the regular district attorney. He shall take the oath of office prescribed for the regular district attorney, and shall receive the same compensation as the regular district attorney.
N.C. Gen. Stat. § 62-100 — NC Code / Chapter 62 / Section 62-100
§ 62-100. Definitions
Status: in_force

As used in this Article:

(1) The term “ begin to construct ” includes any clearing of land, excavation, or other action that would adversely affect the natural environment of the route of a transmission line; but that term does not include land surveys, boring to ascertain geological conditions, or similar preliminary work undertaken to determine the suitability of proposed routes for a transmission line that results in temporary changes to the land.

(2) The word “ county ” means any one of the counties listed in G.S. 153A-10 .

(3) The word “ land ” means any real estate or any estate or interest in real estate, including water and riparian rights, regardless of the use to which it is devoted.

(4) The word “ lines ” means distribution lines and transmission lines collectively.

(5) The word “ municipality ” means any incorporated community, whether designated as a city, town, or village and any area over which it exercises any of the powers granted by Chapter 160D of the General Statutes.

(6) The term “ public utility ” means any of the following:

a. A public utility, as defined in G.S. 62-3(23) .

b. An electric membership corporation.

c. A joint municipal power agency.

d. A city or county that is engaged in producing, generating, transmitting, delivering, or furnishing electricity for private or public use.

(7) The term “ transmission line ” means an electric line designed with a capacity of at least 161 kilovolts.
N.C. Gen. Stat. § 15B-16 — NC Code / Chapter 15B / Section 15B-16
§ 15B-16. Manner of payment; non-assignability and exemptions
Status: in_force

(a) The Director shall pay award payments directly to the service provider on behalf of the claimant. Eligible out-of-pocket costs borne by the claimant shall be paid directly to the victim only if such costs can be documented and verified.

(b) Upon request of the claimant, future economic loss, other than allowable expense, may be commuted to a lump sum only on a finding that:

(1) The award in a lump sum will promote the interests of the claimant; or

(2) The present value of all future economic loss other than allowable expense does not exceed one thousand dollars ($1,000).

(c) An award for future economic loss payable in installments may be made only for a period as to which future economic loss can reasonably be determined. An award for future economic loss payable in installments may be reconsidered and modified upon a finding that a material and substantial change of circumstances has occurred.

(d) An order on reconsideration of an award may not require refund of amounts previously paid unless the award was obtained by fraud.

(e) The Director, even after an award made by the Commission, may negotiate with any service provider in order to obtain a reduction of the amount claimed by the provider in exchange for a full release of any claim against a claimant.
N.C. Gen. Stat. § 130A-453-27 — NC Code / Chapter 130A / Section 130A-453-27
§ 130A-453.27. Certification and accreditation fee schedule
Status: in_force

(a) The Department shall collect annual accreditation and certification fees authorized under this Article, including initial and renewal fees. The fees collected shall be used for the ongoing administration of this Article and shall not revert to the General Fund at the end of the fiscal year. The fees shall not exceed the following:

Maximum Fee

(1)

Accreditation of a training provider

$150.00

(2)

Reaccreditation of a training provider

$150.00

(3)

Accreditation or reaccreditation of initial courses (Per course per language)

$2,000

(4)

Accreditation or reaccreditation of refresher courses (Per course per language)

$2,000

(5)

Certification or recertification of a firm

$300.00

(6)

Certification or recertification of a dust sampling technician

$150.00

(b) The accreditation fees imposed under this section do not apply to local or State governmental regulatory agency personnel, Indian tribes, or nonprofit training providers.