FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 54B-14 — NC Code / Chapter 54B / Section 54B-14
§ 54B-14. Grounds for approval or denial of application
Status: in_force

(a) After consideration of the findings and recommendation of the Commissioner of Banks and his oral testimony, if any, and the consideration of such other information and evidence, either written or oral, as has come before it at the public hearing, the Commission shall approve or disapprove the application within 30 days after the public hearing. The Commission shall approve the application if it finds that the certificate of incorporation is in compliance with the provisions of G.S. 54B-10 , that all the criteria set out in G.S. 54B-12 have been complied with, and that all other applicable provisions of this Chapter, rules and regulations, and the General Statutes have been complied with.

(b) If the Commission approves the application, the Commissioner of Banks shall so notify the Secretary of State with a certificate of approval, accompanied by the original of the certificate of incorporation and the two conformed copies.

(c) Upon receipt of the certificate of approval, the original of the certificate of incorporation, and the two conformed copies, the Secretary of State shall, upon the payment by the newly chartered association of the appropriate organization tax and fees, file the certificate of incorporation in accordance with G.S. 55-1-20 . He shall certify under his official seal the two conformed copies of the certificate of incorporation, one of which shall forthwith be forwarded to the incorporators or their representative, for the purpose of recordation in the office of the register of deeds of the county where the principal office of the association shall be located, the other of which shall be forwarded to the office of the Commissioner of Banks for filing. Upon the recordation of the certificate of incorporation by the Secretary of State, the association shall be a body politic and corporate under the name stated in such certificate, and shall be authorized to begin the savings and loan business when duly licensed by the Commissioner of Banks.

(d) The said certificate of incorporation, or a copy thereof, duly certified by the Secretary of State, or by the register of deeds of the county where the association is located, or by the Commissioner of Banks, under their respective seals, shall be evidence in all courts and places, and shall, in all judicial proceedings, be deemed prima facie evidence of the complete organization and incorporation of the association purporting thereby to have been established.
N.C. Gen. Stat. § 62-11 — NC Code / Chapter 62 / Section 62-11
§ 62-11. Oath of office
Status: in_force

Each utilities commissioner before entering upon the duties of his office shall file with the Secretary of State his oath of office to support the Constitution and laws of the United States and the Constitution and laws of the State of North Carolina, and to well and truly perform the duties of his said office as utilities commissioner, and that he is not the agent or attorney of any public utility, or an employee thereof, and that he has no interest in any public utility.
N.C. Gen. Stat. § 74D-5-1 — NC Code / Chapter 74D / Section 74D-5-1
§ 74D-5.1. Position of Director created
Status: in_force

The position of Director of the Alarm Systems Licensing Board is hereby created within the Department of Public Safety. The Secretary of Public Safety shall appoint a person to fill this full-time position. The Director's duties shall be to administer the directives contained in this Chapter and the rules promulgated by the Board to implement this Chapter and to carry out the administrative duties incident to the functioning of the Board in order to actively police the alarm systems industry to insure compliance with the law in all aspects. The Director may issue a temporary grant or denial of a request for registration subject to final action by the Board at its next regularly scheduled meeting.
N.C. Gen. Stat. § 105-164-44 — NC Code / Chapter 105 / Section 105-164-44
§ 105-164.44. Penalty and remedies of Article 9 applicable
Status: in_force

All provisions not inconsistent with this Article in Article 9, entitled “General Administration--Penalties and Remedies” of Subchapter I of Chapter 105 of the General Statutes , including but not limited to, administration, auditing, making returns, promulgation of rules and regulations by the Secretary, additional taxes, assessment procedure, imposition and collection of taxes and the lien thereof, assessments, refunds and penalties are hereby made a part of this Article and shall be applicable thereto.
N.C. Gen. Stat. § 90-530 — NC Code / Chapter 90 / Section 90-530
§ 90-530. Athletic trainers not certified
Status: in_force

(a) A person who has been actively engaged as an athletic trainer since August 1, 1994, and who continues to practice up to the time of application, shall be eligible for licensure without examination by paying the required fee and by demonstrating the following:

(1) Proof of good moral character.

(2) Proof of practice in this State since August 1, 1994.

(3) Proof of graduation from an accredited four-year college or university in a course of study approved by the Board.

(4) Fulfillment of any other requirements set by the Board.

An application made pursuant to this section shall be filed with the Board on or before August 1, 1998.

(b) A person is “actively engaged” as an athletic trainer if the person is a salaried employee of, or has contracted with, an educational institution, an industry, a hospital, a rehabilitation clinic, or a professional athletic organization or another bona fide athletic organization and the person performs the duties of an athletic trainer.
N.C. Gen. Stat. § 17C-15 — NC Code / Chapter 17C / Section 17C-15
§ 17C-15. Database for law enforcement officer critical incident information
Status: in_force

(a) The Division shall develop and maintain a statewide database for use by law enforcement agencies that tracks all critical incident data of law enforcement officers in North Carolina.

(b) All law enforcement agencies in the State that employ personnel certified by the Commission shall provide any information requested by the Division to maintain the database required by subsection (a) of this section.

(c) Information collected under this section that is confidential under State or federal law shall remain confidential.

(d) A law enforcement officer who is reported to the Division as having been involved in a critical incident who disputes being involved in a critical incident has a right, prior to being placed in the database, to request a hearing in superior court for a determination of whether the officer's involvement was properly placed in the database.
N.C. Gen. Stat. § 57D-3-23 — NC Code / Chapter 57D / Section 57D-3-23
§ 57D-3-23. Application to company officials
Status: in_force

G.S. 57D-3-20(e) , 57D-3-21 , and 57D-3-22 shall apply to company officials who are not managers by substituting the term “company official” in lieu of the term “manager” in each place where the term appears in those provisions.
N.C. Gen. Stat. § 116D-29 — NC Code / Chapter 116D / Section 116D-29
§ 116D-29. Vesting powers in committee
Status: in_force

The Board of Governors may authorize its budget and finance committee to sell any special obligation bonds which the Board has, with the approval of the Director of the Budget, authorized to be issued under this Article in any manner and under any limitations or conditions as the Board prescribes and to perform other functions under this Article the Board determines.
N.C. Gen. Stat. § 105-163-38 — NC Code / Chapter 105 / Section 105-163-38
§ 105-163.38. Definitions
Status: in_force

The following definitions apply in this Article, unless the context requires otherwise:

(1) Code .--Defined in G.S. 105-228.90 .

(1a) Corporation .--Defined in section 7701 of the Code.

(2) Estimated tax .--The amount of income tax the corporation estimates as the amount imposed by Article 4 for the taxable year.

(3) Fiscal year .--An accounting period of 12 months ending on the last day of any month other than December.

(4) Secretary .--The Secretary of Revenue.

(5) Taxable year .--The calendar year or fiscal year used as a basis to determine net income under Article 4. If no fiscal year has been established, “fiscal year” means the calendar year. In the case of a return made for a fractional part of the year under Article 4, or under rules prescribed by the Secretary, “taxable year” means the period for which the return is made.

(6) Taxed pass-through entity .--Defined in G.S. 105-153.3 .
N.C. Gen. Stat. § 128-37-2 — NC Code / Chapter 128 / Section 128-37-2
§ 128-37.2. Continued membership for certain fire departments
Status: in_force

(a) In order to participate in the Local Governmental Employees' Retirement System after October 1, 2015, the charter or articles of incorporation of fire departments must include a provision that provides that the governing body of the local government entity that holds the contract with the highest dollar value to the fire department for provision of fire services shall have the authority to remove from office up to fifty percent (50%) plus one member of the Board of Trustees or Board of Directors of the fire department. Before exercising this authority, the local government entity shall notify the affected fire department and give the fire department the opportunity to be heard in a public meeting. When any fire department board member is removed, the resulting vacancy shall be filled pursuant to the bylaws of the fire department.

(b) This section only applies to fire departments that commenced participation in the Local Governmental Employees' Retirement System between 1977 and 1992 pursuant to Chapter 316 of the Session Laws of 1977 and have contracts to provide fire protection to a city, county, or instrumentality of the State.
N.C. Gen. Stat. § 146-26-1 — NC Code / Chapter 146 / Section 146-26-1
§ 146-26.1. Relocation assistance
Status: in_force

In the acquisition of any real property by the Department of Administration for a public use, the Department of Administration shall be vested with the authority as set forth in Article 2 of Chapter 133 of the General Statutes .
N.C. Gen. Stat. § 29-12-1 — NC Code / Chapter 29 / Section 29-12-1
§ 29-12.1. Controversies under this Chapter
Status: in_force

Any controversy arising under this Chapter shall be determined as an estate proceeding under Article 2 of Chapter 28A of the General Statutes, except that controversies arising under Article 8 of this Chapter shall be determined as set forth in that Chapter.
N.C. Gen. Stat. § 143B-98 — NC Code / Chapter 143B / Section 143B-98
§ 143B-98. Edenton Historical Commission--members; selection; compensation; quorum
Status: in_force

The Edenton Historical Commission shall consist of 33 members, 22 appointed by the Governor to serve at his pleasure, four appointed by the President Pro Tempore of the Senate, four appointed by the Speaker of the House of Representatives, and, ex officio, the Mayor of the Town of Edenton, the Chairman of the Board of Commissioners of Chowan County, and the Secretary of Natural and Cultural Resources or his designee.

All the present members of the Commission may continue to serve, at the pleasure of the Governor, until the end of his present term of office. The Commission shall elect its own officers, and the members of the Commission shall serve without pay and without expense allowance from State funds. The Commission shall determine its requirements for a quorum.
N.C. Gen. Stat. § 58-58-400 — NC Code / Chapter 58 / Section 58-58-400
§ 58-58-400. Noncompliance may constitute unfair claims settlement practice
Status: in_force

A pattern of failures to meet the requirements of this Part may constitute an unfair claims settlement practice under G.S. 58-3-100(a)(5) and G.S. 58-63-15 . Nothing in this Part shall be construed to create or imply a private cause of action for a violation of this Part.
N.C. Gen. Stat. § 28A-2A-9 — NC Code / Chapter 28A / Section 28A-2A-9
§ 28A-2A-9. Manner of probate of holographic will
Status: in_force

A holographic will may be probated only upon the testimony of at least three competent witnesses that they believe that the will is written entirely in the handwriting of the person whose will it purports to be, and that the name of the testator as written in or on, or subscribed to, the will is in the handwriting of the person whose will it purports to be.
N.C. Gen. Stat. § 47-54-1 — NC Code / Chapter 47 / Section 47-54-1
§ 47-54.1. Registration by register's assistants or deputies
Status: in_force

All registrations of instruments heretofore made in the office of register of deeds of the several counties by the register's assistant or deputy, and signed in the name of the register of deeds by the assistant or deputy, and initialed by the assistant or deputy, instead of being signed by them as assistant or deputy, when such registrations are in all other respects regular, are hereby validated and declared to be of the same force and effect as if signed by the assistant or deputy in the respective capacity.
N.C. Gen. Stat. § 15A-1369-2 — NC Code / Chapter 15A / Section 15A-1369-2
§ 15A-1369.2. Eligibility
Status: in_force

(a) Except as otherwise provided in this section, notwithstanding any other provision of law, an inmate is eligible to be considered for medical release if the Department determines that the inmate is:

(1) Diagnosed as permanently and totally disabled, terminally ill, or geriatric under the procedure described in G.S. 15A-1369.3(b)(1) ; and

(2) Incapacitated to the extent that the inmate does not pose a public safety risk.

(b) Persons convicted of a capital felony or a Class A, B1, or B2 felony and persons convicted of an offense that requires registration under Article 27A of Chapter 14 of the General Statutes shall not be eligible for release under this Article.
N.C. Gen. Stat. § 126-10 — NC Code / Chapter 126 / Section 126-10
§ 126-10. Personnel services to local governmental units
Status: in_force

The State Human Resources Commission may make the services and facilities of the Office of State Human Resources available upon request to the political subdivisions of the State. The State Human Resources Commission may establish reasonable charges for the service and facilities so provided, and all funds so derived shall be deposited in the State treasury to the credit of the general fund.
N.C. Gen. Stat. § 148-67 — NC Code / Chapter 148 / Section 148-67
§ 148-67. Hiring to cities and towns and State Department of Agriculture and Consumer Services
Status: in_force

The Division of Prisons of the Department of Adult Correction shall in their discretion, upon application to them, hire to the corporate authorities of any city or town for the purposes specified in G.S. 148-66 , such convicts as are mentally and physically capable of performing the work or labor contemplated and are not at the time of such application hired or otherwise engaged in labor under the direction of the Division; but the convicts so hired for services shall be fed, clothed and quartered while so employed by the Division.

Upon application to it, it shall be the duty of the Division of Prisons of the Department of Adult Correction, in its discretion, to hire to the Department of Agriculture and Consumer Services for the purposes of working on the State test farms and/or State experimental stations, such convicts as may be mentally and physically capable of performing the work or labor contemplated; but the convicts so hired for services under this paragraph shall be fed, clothed and quartered while so employed by the Division of Prisons of the Department of Adult Correction.
N.C. Gen. Stat. § 106-1029 — NC Code / Chapter 106 / Section 106-1029
§ 106-1029. Duties
Status: reserved

(a) The Secretary, Department of Revenue, shall:

(1) Develop the necessary administrative procedures to collect the assessment;

(2) Collect the assessment from the primary forest product processors;

(3) Deposit funds collected from the assessment in the Forest Development Fund;

(4) Audit the records of processors to determine compliance with the provisions of this Article.

(b) The Commissioner of Agriculture shall:

(1) Provide to the Secretary, Department of Revenue, lists of processors subject to the assessment;

(2) Advise the Secretary, Department of Revenue, of the appropriate methods to convert measurements of primary forest products by other systems to those authorized in this Article;

(3) Establish in November prior to those sessions in which the General Assembly considers the State budget, the estimated total assessment that will be collectible in the next budget period and so inform the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources.

(4) Within 30 days of certification of the State budget, notify the Secretary, Department of Revenue, of the need to collect the assessment for those years covered by the approved budget.

(5) By January 15 of each odd-numbered year, report to the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources on the number of acres reforested, type of owners assisted, geographic distribution of funds, the amount of funds encumbered, and other matters. The report shall include the information by forestry district and statewide and shall be for the two fiscal years prior to the date of the report.

(c) The Secretary of Revenue shall be reimbursed for those actual expenditures incurred as a cost of collecting the assessment for the Forest Development Fund. This amount shall be transferred from the Forest Development Fund in equal increments at the end of each quarter of the fiscal year to the Department of Revenue. This amount shall not exceed five percent (5%) of the total assessments collected on primary forest products during the preceding fiscal year.
N.C. Gen. Stat. § 156-93-6 — NC Code / Chapter 156 / Section 156-93-6
§ 156-93.6. Rights-of-way and easements for existing districts
Status: in_force

All drainage districts heretofore created shall be deemed to own an easement or right-of-way in and to those lands upon which there are existing canals and spoil banks.

Whenever the proposed repairs, maintenance or other improvements make it necessary for the drainage district to acquire additional land for easements or right-of-way, the procedure to secure the same shall be in accordance with G.S. 156-70.1 .
N.C. Gen. Stat. § 1-27 — NC Code / Chapter 1 / Section 1-27
§ 1-27. Act, admission or acknowledgment by party to obligation, co-obligor or guarantor
Status: in_force

(a) After a cause of action has accrued on any obligation on which there is more than one obligor, any act, admission, or acknowledgment by any party to such obligation or guarantor thereof, which removes the bar of the statute of limitations or causes the statute to begin running anew, has such effect only as to the party doing such act or making such admission or acknowledgment, and shall not renew, extend or in any manner impose liability of any kind against other parties to such obligation who have not authorized or ratified the same.

(b) Nothing in this section shall be construed as applying to or affecting rights or obligations of partnerships or individual members thereof, due to acts, admissions or acknowledgments of any one partner but rights as between partners shall be governed by G.S. 59-39.1 .
N.C. Gen. Stat. § 54-127 — NC Code / Chapter 54 / Section 54-127
§ 54-127. Time of allocation
Status: in_force

The profits or net earnings of such association shall be allocated to those entitled thereto, at such times as the bylaws shall prescribe, which shall be as often as once in 12 months.
N.C. Gen. Stat. § 58-64-60 — NC Code / Chapter 58 / Section 58-64-60
§ 58-64-60. Contracts as preferred claims on liquidation
Status: in_force

In the event of liquidation of a provider, all contracts for continuing care executed by the provider shall be deemed preferred claims against all assets owned by the provider; provided, however, such claims shall be subordinate to the liquidator's cost of administration or any secured claim.
N.C. Gen. Stat. § 115C-316-5 — NC Code / Chapter 115C / Section 115C-316-5
§ 115C-316.5. School psychologists allotment
Status: in_force

To the extent funds are made available, the State Board of Education shall establish a funding allotment for school psychologist positions. The State Board is authorized to adopt rules for the allocation of school psychologist positions pursuant to this allotment. Rules adopted by the State Board pursuant to this section shall include, at a minimum, the following requirements:

(1) School psychologist positions are allocated on the basis of average daily membership.

(2) Each local school administrative unit receives sufficient funding for at least one school psychologist position in accordance with G.S. 115C-47(67) .
N.C. Gen. Stat. § 28A-2A-17 — NC Code / Chapter 28A / Section 28A-2A-17
§ 28A-2A-17. Certified copy of will of nonresident recorded
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, if the will of a citizen or subject of another state or country is probated in accordance with the laws of that jurisdiction and a duly certified copy of the will and the probate proceedings are produced before a clerk of superior court of any county wherein the testator had property, the copy of the will shall be probated as if it were the original. If the jurisdiction is within the United States, the copy of the will and the probate proceedings shall be certified by the clerk of the court wherein the will was probated. If the jurisdiction is outside the United States, the copy of the will and probate proceedings shall be certified by any ambassador, minister, consul or commercial agent of the United States under his official seal.

(b) For a copy of a will probated under the provisions of subsection (a) of this section to be valid to pass title to or otherwise dispose of real estate in this State, the execution of said will according to the laws of this State either at the time of its execution or at the time of the death of the testator, or as otherwise recognized as valid under the provisions of G.S. 31-46 , must appear affirmatively, to the satisfaction of the clerk of the superior court of the county in which such will is offered for probate, from the testimony of a witness or witnesses to such will, or from findings of fact or recitals in the order of probate, or otherwise in such certified copy of the will and probate proceedings.

(c) If the execution of the will in accordance with the laws of this State either at the time of its execution or at the time of the death of the testator, or as otherwise recognized as valid under the provisions of G.S. 31-46 , does not appear as required by subsection (b) of this section, the clerk before whom the copy is exhibited shall have power to take proof as prescribed in G.S. 28A-2A-16 , and the will may be adjudged duly proved, and if so proved, the will shall be recorded as herein provided.

(d) Any copy of a will of a nonresident heretofore allowed, filed and recorded in this State in compliance with the foregoing shall be valid to pass title to or otherwise dispose of real estate in this State.
N.C. Gen. Stat. § 113-315-1 — NC Code / Chapter 113 / Section 113-315-1
§ 113-315.1. Arrangements for and management of referendum; expenses
Status: in_force

The arrangements for and management of any referendum conducted under the provisions of this Article shall be under the direction of the agency duly certified and authorized to conduct the same, and any and all expenses in connection herewith shall be borne by the agency.
N.C. Gen. Stat. § 153A-145-2 — NC Code / Chapter 153A / Section 153A-145-2
§ 153A-145.2. Limitations on regulating soft drink sizes
Status: in_force

No county ordinance may prohibit the sale of soft drinks above a particular size. This section does not prohibit any ordinance regulating the sanitation or other operational aspect of a device for the dispensing of soft drinks. For purposes of this section, “soft drink” shall have the meaning set forth in G.S. 105-164.3 .