FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 46A-56 — NC Code / Chapter 46A / Section 46A-56
§ 46A-56. Confirmation of report; appeal; motion for relief
Status: in_force

(a) If no exception to the report of the commissioners is filed within 10 days of service of the report on all the parties, the clerk shall confirm the report.

(b) If an exception to the report of commissioners is filed, the clerk shall do one of the following:

(1) Confirm the report.

(2) Recommit the report for correction or further consideration.

(3) Vacate the report and direct the same commissioners to reapportion the real property.

(4) Vacate the report, discharge the commissioners, and appoint new commissioners to view the real property and partition it.

(c) Appeal from the clerk to superior court of an order of confirmation of the report of commissioners is governed by G.S. 1-301.2 except that the judge may take only the actions specified in subsection (b) of this section and shall not adjudge a partition of the property different from that made by the commissioners.

(d) After confirmation of the report, any party may seek relief from the order of confirmation for mistake, fraud, or collusion by a motion in the proceeding. This relief, however, shall not affect an innocent purchaser for value and without notice.
N.C. Gen. Stat. § 90-650 — NC Code / Chapter 90 / Section 90-650
§ 90-650. Appointments and removal of Board members; terms and compensation
Status: reserved

(a) The members of the Board shall be appointed as follows:

(1) The Governor shall appoint the public members described in G.S. 90-649(a)(5) .

(2) The General Assembly, upon the recommendation of the Speaker of the House of Representatives, shall appoint one of the respiratory care practitioner members described in G.S. 90-649(a)(1) and one of the physician members described in G.S. 90-649(a)(2) in accordance with G.S. 120-121 .

(3) The General Assembly, upon the recommendation of the President Pro Tempore of the Senate, shall appoint one of the respiratory care practitioner members described in G.S. 90-649(a)(1) and one of the physician members described in G.S. 90-649(a)(2) in accordance with G.S. 120-121 .

(4) The North Carolina Medical Society shall appoint one of the physician members described in G.S. 90-649(a)(2) .

(5) The Old North State Medical Society shall appoint one of the physician members described in G.S. 96-649(a)(2) .

(6) The North Carolina Hospital Association shall appoint the member described in G.S. 90-649(a)(3) .

(7) The North Carolina Association of Medical Equipment Services shall appoint the member described in G.S. 90-649(a)(4) .

(b) Members of the Board shall take office on the first day of November immediately following the expired term of that office and shall serve for a term of three years and until their successors are appointed and qualified. No member shall serve on the Board for more than two consecutive terms.

(c) The Governor may remove members of the Board, after notice and an opportunity for hearing, for incompetence, neglect of duty, unprofessional conduct, conviction of any felony, failure to meet the qualifications of this Article, or committing any act prohibited by this Article.

(d) Any vacancy shall be filled by the authority originally filling that position, except that any vacancy in appointments by the General Assembly shall be filled in accordance with G.S. 120-122 . Appointees to fill vacancies shall serve the remainder of the unexpired term and until their successors have been duly appointed and qualified.

(e) Members of the Board shall receive no compensation for their services but shall be entitled to travel, per diem, and other expenses authorized by G.S. 93B-5 .

(f) Individual members shall be immune from civil liability arising from activities performed within the scope of their official duties.
N.C. Gen. Stat. § 53C-10-202 — NC Code / Chapter 53C / Section 53C-10-202
§ 53C-10-202. Combination application and investigation
Status: in_force

(a) A holding company of a bank seeking approval of a combination shall file with the Commissioner an application for approval, copies of the agreement under which the holding company proposes to effect the combination, and any additional information that the Commissioner shall require by rule or as is required by the Commissioner in connection with the application in order to achieve the objectives of this Chapter.

(b) A holding company filing an application for approval of a combination shall publish a public notice of the filing of the application not more than 30 days before nor more than 10 days after the filing of the application with the Commissioner. The public notice shall contain the following:

(1) A statement that the application has been filed with the Commissioner.

(2) The names of the parties to the proposed combination and the addresses of its principal offices.

(3) A statement that any interested person may make written comment on the proposed combination and that comments received by the Commissioner within 14 days of the publication of the public notice shall be considered. The public notice shall provide the current mailing address of the Commissioner.

(c) The Commissioner shall examine the proposed combination, including the character, competency, and experience of the proposed directors and executive officers of the surviving party of the combination, to determine whether the interests of the customers and communities served by the banks controlled by the parties to the combination would be adversely affected by the proposed combination.

(d) Notwithstanding any laws to the contrary, information about the character, competence, and experience of the directors and executive officers of the parties to a combination received by the Commissioner shall be deemed a confidential record of the Commissioner subject to G.S. 53C-2-7(b) .
N.C. Gen. Stat. § 54B-42 — NC Code / Chapter 54B / Section 54B-42
§ 54B-42. Rules, regulations and reports of voluntary dissolution
Status: in_force

(a) The Commissioner of Banks shall promulgate rules and regulations governing the dissolution and liquidation of State associations. These rules and regulations shall include, but not be limited to, provisions with respect to:

(1) The protection and liquidation of assets;

(2) The plan of liquidation;

(3) Notice to file claims;

(4) Claims of members;

(5) Payments of claims and distribution; and

(6) Final distribution and liquidation.

(b) Upon completion of liquidation, the liquidators shall file with the Commissioner of Banks a final report and accounting of the liquidation. The approval of the report by the Commissioner of Banks shall operate as a complete and final discharge of the liquidators, the board of directors, and each member or stockholder in connection with the liquidation of such association. Upon approval of the report, the Commissioner of Banks shall issue a certificate of dissolution of the association and shall record same in the manner required by this Chapter for the recording of certificates of incorporation; and upon such recording, the dissolution shall be effective.
N.C. Gen. Stat. § 36C-7-707 — NC Code / Chapter 36C / Section 36C-7-707
§ 36C-7-707. Delivery of property by former trustee
Status: in_force

(a) Unless a cotrustee remains in office or the court otherwise orders, and until the trust property is delivered to a successor trustee or other person entitled to it, a trustee who has resigned or been removed has the duties of a trustee and the powers necessary to protect the trust property.

(b) A trustee who has resigned or been removed shall proceed expeditiously to deliver the trust property within the trustee's possession to the cotrustee, successor trustee, or other person entitled to it. A former trustee shall execute those documents acknowledging the transfer of title to trust property as may be reasonably requested by the cotrustee, successor trustee, or other person entitled to it to facilitate administration of the trust, and in the event that the former trustee fails to do so, the clerk of superior court may order the former trustee to execute those documents.
N.C. Gen. Stat. § 130A-309-53 — NC Code / Chapter 130A / Section 130A-309-53
§ 130A-309.53. Definitions
Status: in_force

Unless a different meaning is required by the context, the following definitions shall apply throughout this Part:

(1) “Collection site” means a site used for the storage of scrap tires.

(2) “Disposal fee” is any amount charged by a tire collector, tire processor, or unit of local government in exchange for accepting scrap tires.

(3) “In-county scrap tire” means any scrap tire brought for disposal from inside the county in which the collection or processing site is located.

(4) “Out-of-county scrap tire” means any scrap tire brought for disposal from outside the county in which the collection or processing site is located.

(5) “Processing site” means a site actively used to produce or manufacture usable materials, including fuel, from scrap tires. Commercial enterprises processing scrap tires shall not be considered solid waste management facilities insofar as the provisions of G.S. 130A-294(a)(4) and G.S. 130A-294(b) are concerned.

(6) “Scrap tire” means a tire that is no longer suitable for its original, intended purpose because of wear, damage, or defect.

(7) “Tire” means a continuous solid or pneumatic rubber covering that encircles the wheel of a vehicle. Bicycle tires and other tires for vehicles propelled by human power are not subject to the provisions of this Part.

(8) “Tire collector” means a person who owns or operates a site used for the storage, collection, or deposit of more than 50 scrap tires.

(9) “Tire hauler” means a person engaged in the picking up or transporting of scrap tires for the purpose of storage, processing, or disposal.

(10) “Tire processor” means a person who engages in the processing of scrap tires or one who owns or operates a tire processing site.

(11) “Tire retailer” means a person who engages in the retail sale of a tire in any quantity for any use or purpose by the purchaser other than for resale.
N.C. Gen. Stat. § 55-8-04 — NC Code / Chapter 55 / Section 55-8-04
§ 55-8-04. Election of directors by certain classes of shareholders
Status: in_force

If the articles of incorporation authorize dividing the shares into classes, the articles may also authorize the election of all or a specified number of directors by the holders of one or more authorized classes of shares. A class (or classes) of shares entitled to elect one or more directors is a separate voting group for purposes of the election of directors.
N.C. Gen. Stat. § 117-33 — NC Code / Chapter 117 / Section 117-33
§ 117-33. Declared public agency of State; taxes and assessments
Status: in_force

A telephone membership corporation heretofore or hereafter organized under this Article shall be, and is hereby declared to be a public agency, and shall have within its limits for which it was formed the same rights as any other political subdivision of the State, and all property owned by said telephone membership corporation and used exclusively for the purpose of said corporation shall be held in the same manner and subject to the same taxes and assessments as property owned by any county or municipality of the State so long as said property is owned by said telephone membership corporation and is used for the purposes for which the corporation was formed. Notwithstanding the foregoing, a telephone membership corporation shall not be eligible to receive a permanent registration plate issued under G.S. 20-84 .
N.C. Gen. Stat. § 58-64-55 — NC Code / Chapter 58 / Section 58-64-55
§ 58-64-55. Examinations; financial statements
Status: in_force

The Commissioner or the Commissioner's designee may, in the Commissioner's discretion, visit a provider offering continuing care in this State to examine its books and records. Expenses incurred by the Commissioner in conducting examinations under this section shall be paid by the provider examined. The provisions of G.S. 58-2-131 , 58-2-132 , 58-2-133 , 58-2-134 , 58-2-155 , 58-2-165 , 58-2-180 , 58-2-185 , 58-2-190 , and 58-6-5 apply to this Article and are hereby incorporated by reference.
N.C. Gen. Stat. § 25-2-608 — NC Code / Chapter 25 / Section 25-2-608
§ 25-2-608. Revocation of acceptance in whole or in part
Status: in_force

(1) The buyer may revoke his acceptance of a lot or commercial unit whose nonconformity substantially impairs its value to him if he has accepted it

(a) on the reasonable assumption that its nonconformity would be cured and it has not been seasonably cured; or

(b) without discovery of such nonconformity if his acceptance was reasonably induced either by the difficulty of discovery before acceptance or by the seller's assurances.

(2) Revocation of acceptance must occur within a reasonable time after the buyer discovers or should have discovered the ground for it and before any substantial change in condition of the goods which is not caused by their own defects. It is not effective until the buyer notifies the seller of it.

(3) A buyer who so revokes has the same rights and duties with regard to the goods involved as if he had rejected them.
N.C. Gen. Stat. § 105A-6 — NC Code / Chapter 105A / Section 105A-6
§ 105A-6. Procedure Department to follow in making setoff
Status: in_force

(a) Notice to Department.--A claimant agency seeking to attempt collection of a debt through setoff must notify the Department in writing and supply information necessary to identify the debtor whose refund is sought to be set off. The claimant agency may include with the notification the date, if any, that the debt is expected to expire. The agency must notify the Department in writing when a debt has been paid or is no longer owed the agency.

(b) Setoff by Department.--The Department, upon receipt of notification, must determine each year whether the debtor to the claimant agency is entitled to a refund of at least fifty dollars ($50.00) from the Department. Upon determination by the Department that a debtor specified by a claimant agency qualifies for such a refund, the Department must set off the debt against the refund to which the debtor would otherwise be entitled and must refund any remaining balance to the debtor. The Department must mail the debtor written notice that the setoff has occurred and must credit the net proceeds collected to the claimant agency. If the claimant agency is a State agency, that agency must credit the amount received to a nonreverting trust account and must follow the procedure set in G.S. 105A-8 .
N.C. Gen. Stat. § 52C-2-211 — NC Code / Chapter 52C / Section 52C-2-211
§ 52C-2-211. Continuing, exclusive jurisdiction to modify spousal support order
Status: in_force

(a) A tribunal of this State issuing a spousal support order consistent with the law of this State has continuing, exclusive jurisdiction to modify the spousal support order throughout the existence of the support obligation.

(b) A tribunal of this State may not modify a spousal support order issued by a tribunal of another state or a foreign country having continuing, exclusive jurisdiction over that order under the law of that state or foreign country.

(c) A tribunal of this State that has continuing, exclusive jurisdiction over a spousal support order may serve as:

(1) An initiating tribunal to request a tribunal of another state to enforce the spousal support order issued in this State; or

(2) A responding tribunal to enforce or modify its own spousal support order.
N.C. Gen. Stat. § 113-28-4 — NC Code / Chapter 113 / Section 113-28-4
§ 113-28.4. Oaths required
Status: in_force

Before any employee of either the Department of Natural and Cultural Resources or the Department of Environmental Quality commissioned as a special peace officer shall exercise any power of arrest under this Article, the employee shall take the oaths required of public officers before an officer authorized to administer oaths.
N.C. Gen. Stat. § 153A-233 — NC Code / Chapter 153A / Section 153A-233
§ 153A-233. Fire-fighting and prevention services
Status: in_force

A county may establish, organize, equip, support, and maintain a fire department; may prescribe the duties of the fire department; may provide financial assistance to incorporated volunteer fire departments; may contract for fire-fighting or prevention services with one or more counties, cities or other units of local government, incorporated volunteer fire departments, or with an agency of the State government; and may for these purposes appropriate funds not otherwise limited as to use by law. A county shall ensure that any county, city or other unit of local government, or incorporated volunteer fire department with whom the county contracts for fire-fighting or prevention services shall obtain a criminal history record check of any person who applies for a paid or volunteer position providing fire-fighting or prevention services. The criminal history record check shall be conducted and evaluated as provided in G.S. 143B-943 . The county may also designate fire districts or parts of existing districts and prescribe the boundaries thereof for insurance grading purposes.
N.C. Gen. Stat. § 108A-15-1 — NC Code / Chapter 108A / Section 108A-15-1
§ 108A-15.1. Consolidated human services board; human services director
Status: in_force

(a) Except as otherwise provided by this section and subject to any limitations that may be imposed by the board of county commissioners under G.S. 153A-77 , a consolidated human services board created pursuant to G.S. 153A-77(b) shall have the responsibility and authority to carry out the programs established in this Chapter in conformity with the rules and regulations of the Social Services Commission and under the supervision of the Department of Health and Human Services in the same manner as a county social services board.

(b) In addition to the powers conferred by G.S. 153A-77(d) , a consolidated human services board shall have all the powers and duties of a county board of social services as provided by G.S. 108A-9 , except that the consolidated human services board may not:

(1) Appoint the human services director.

(2) Transmit or present the budget for social services programs.

(c) In addition to the powers conferred by G.S. 153A-77(e) , a human services director shall have all the powers and duties of a director of social services provided by G.S. 108A-14 , except that the human services director may:

(1) Serve as the executive officer of the consolidated human services board only to the extent and in the manner authorized by the county manager.

(2) Appoint staff of the consolidated human services agency only upon the approval of the county manager.
N.C. Gen. Stat. § 47-95 — NC Code / Chapter 47 / Section 47-95
§ 47-95. Acknowledgments taken by notaries interested as trustee or holding other office
Status: in_force

In every case where deeds and other instruments have been acknowledged and privy examination of wives had before notaries public, or justices of the peace, prior to October 1, 1991, when the notary public or justice of the peace at the time was interested as trustee in said instrument or at the time was also holding some other office, and the deed or other instrument has been duly probated and recorded, such acknowledgment and privy examination taken by such notary public or justice of the peace is hereby declared to be sufficient and valid.
N.C. Gen. Stat. § 106-451-13 — NC Code / Chapter 106 / Section 106-451-13
§ 106-451.13. Suspension and revocation of license
Status: in_force

The Commissioner, or his designated representative, may, after opportunity for hearing has been afforded to the licensee concerned, suspend or revoke any license to any warehouseman conducting a warehouse under this Article, for any violation of or failure to comply with any provision of this Article or of the rules and regulations made hereunder, or upon the ground that unreasonable or exorbitant charges have been made for services rendered.
N.C. Gen. Stat. § 58-67-77 — NC Code / Chapter 58 / Section 58-67-77
§ 58-67-77. Coverage for prostate-specific antigen (PSA) tests
Status: in_force

(a) Every health care plan written by a health maintenance organization and in force, issued, renewed, or amended on or after January 1, 1994, that is subject to this Article, shall provide coverage for prostate-specific antigen (PSA) tests or equivalent tests for the presence of prostate cancer. The same deductibles, coinsurance, and other limitations as apply to similar services covered under the plan shall apply to coverage for prostate-specific antigen (PSA) tests or equivalent tests for the presence of prostate cancer.

(b) As used in this section, “prostate-specific antigen (PSA) tests or equivalent tests for the presence of prostate cancer” means serological tests for determining the presence of prostate cytoplasmic protein (PSA) and the generation of antibodies to it, as a novel marker for prostatic disease.

(c) Coverage for prostate-specific antigen (PSA) tests or equivalent tests for the presence of prostate cancer shall be provided when recommended by a physician.
N.C. Gen. Stat. § 160A-18 — NC Code / Chapter 160A / Section 160A-18
§ 160A-18. Certain deeds validated
Status: in_force

(a) All deeds made, executed, and delivered by any city before July 1, 1970, for a good and valuable consideration are hereby in all respects validated, ratified, and confirmed notwithstanding any lack of authority to make the deed or any irregularities in the procedures by which conveyance of the land or premises described therein was authorized by the city council.

(b) All conveyances and sales of any interest in real property by private sale, including conveyances in fee and releases of vested or contingent future interests, made by the governing body of any city, school district, or school administrative unit before July 1, 1970, are hereby validated, ratified, and confirmed notwithstanding the fact that such conveyances or releases were made by private sale and not after notice and public outcry.

(b1) All conveyances of any interest in real property by private sale, including conveyance in fee, made by the governing body of any county before January 1, 1977, are hereby validated, ratified, and confirmed notwithstanding the fact that such conveyances were made by private sale, without advertisement, and not after notice and public outcry.

(c) Nothing in this section shall affect any action or proceeding begun before January 1, 1977.
N.C. Gen. Stat. § 58-58-295 — NC Code / Chapter 58 / Section 58-58-295
§ 58-58-295. Unfair trade practices
Status: in_force

A violation of this Part is an unfair trade practice under Article 63 of this Chapter.
N.C. Gen. Stat. § 20-25 — NC Code / Chapter 20 / Section 20-25
§ 20-25. Right of appeal to court
Status: in_force

Any person denied a license or whose license has been canceled, suspended or revoked by the Division, except where such cancellation is mandatory under the provisions of this Article, shall have a right to file a petition within 30 days thereafter for a hearing in the matter in the superior court of the county wherein such person shall reside, or to the resident judge of the district or judge holding the court of that district, or special or emergency judge holding a court in such district in which the violation was committed, and such court or judge is hereby vested with jurisdiction and it shall be its or his duty to set the matter for hearing upon 30 days' written notice to the Division, and thereupon to take testimony and examine into the facts of the case, and to determine whether the petitioner is entitled to a license or is subject to suspension, cancellation or revocation of license under the provisions of this Article. Provided, a judge of the district court shall have limited jurisdiction under this section to sign and enter a temporary restraining order only.