FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 135-48-23 — NC Code / Chapter 135 / Section 135-48-23
§ 135-48.23. Executive Administrator
Status: reserved

(a) The Plan shall have an Executive Administrator. The Executive Administrator position is exempt from the provisions of Chapter 126 of the General Statutes as provided in G.S. 126-5(c1) .

(b) The Executive Administrator shall be appointed by the State Treasurer. The term of employment and salary of the Executive Administrator shall be set by the State Treasurer.

The Executive Administrator may be removed from office by the State Treasurer, and any vacancy in the office of Executive Administrator may be filled by the State Treasurer.

(c) Repealed by S.L. 2018-84, § 8(a), eff. June 25, 2018 .

(c1) The State Treasurer may employ such clerical and professional staff, and such other assistance as may be necessary to assist the Executive Administrator, the Board of Trustees, and the State Treasurer in carrying out their duties and responsibilities under this Article. The State Treasurer may designate any managerial, professional, or policy-making positions as exempt from the North Carolina Human Resources Act. All exempt employees shall serve at the pleasure of the State Treasurer, and any vacancies in these positions may be filled by the State Treasurer. Salaries of exempt employees shall be set by the State Treasurer.

(c2) The Executive Administrator may also negotiate, renegotiate and execute contracts with third parties in the performance of the Executive Administrator's duties and responsibilities under this Article; provided any contract negotiations, renegotiations and execution with a Claims Processor, with an optional alternative comprehensive health benefit plan, or program thereunder, authorized under G.S. 135-48.2 , with a preferred provider of institutional or professional hospital and medical care, or with a pharmacy benefit manager shall be done only with the consent of the State Treasurer.

(d) Repealed by S.L. 2018-85, § 6, eff. June 25, 2018 .
N.C. Gen. Stat. § 106-145-6 — NC Code / Chapter 106 / Section 106-145-6
§ 106-145.6. Denial, revocation, and suspension of license; penalties for violations
Status: in_force

(a) Adverse Action.--The Commissioner may deny a license to an applicant if the Commissioner determines that granting the applicant a license would not be in the public interest. Public interest considerations shall be limited to factors and qualifications that are directly related to the protection of public health and safety. The Commissioner may deny, suspend, or revoke a license for substantial or repeated violations of this Article or for conviction of a violation of any other federal, state, or local prescription drug law or regulation. Chapter 150B of the General Statutes governs the denial, suspension, or revocation of a license under this Article.

(b) Criminal Sanctions.--It is unlawful to engage in wholesale distribution in this State without a wholesale distributor license or to violate any other provision of this Article. A person who violates this Article commits a Class H felony. A fine imposed for a violation of this Article may not exceed two hundred fifty thousand dollars ($250,000).

(c) Civil Penalty.--The Commissioner may assess a civil penalty of not more than ten thousand dollars ($10,000) against a person who violates any provision of this Article. In determining the amount of a civil penalty, the Commissioner shall consider the degree and extent of harm caused by the violation. Chapter 150B of the General Statutes governs the assessment of a civil penalty under this subsection. If a civil penalty is not paid within 30 days after the completion of judicial review of a final agency decision by the Commissioner, the penalty may be collected in any manner by which a debt may be collected. The clear proceeds of civil penalties assessed pursuant to this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2 .
N.C. Gen. Stat. § 143B-285-25 — NC Code / Chapter 143B / Section 143B-285-25
§ 143B-285.25. Liaison between the Office of Environmental Education and Public Affairs and the Department of Public Instruction
Status: in_force

The Superintendent of the Department of Public Instruction shall identify an environmental education liaison within the Office of Instructional Services of the Department of Public Instruction to:

(1) Coordinate environmental education within the State curriculum and among the Department and other State agencies.

(2) Conduct teacher training in environmental education topics in conjunction with Department and other State agencies.

(3) Coordinate and integrate topics within the various curriculum areas of the standard course of study.

(4) Promote awareness of environmental issues to the public and to the school communities, including students, teachers, and administrators.

(5) Establish a repository of environmental education instructional materials and disseminate information on the availability of these materials to schools.

(6) Promote and facilitate the sharing of information through electronic networks to all schools.
N.C. Gen. Stat. § 35A-1109 — NC Code / Chapter 35A / Section 35A-1109
§ 35A-1109. Service of notice and petition
Status: reserved

(a) Copies of the petition and initial notice of hearing shall be personally served on the respondent. Respondent's counsel or guardian ad litem shall be served pursuant to G.S. 1A-1, Rule 4 , Rules of Civil Procedure. A sheriff who serves the notice and petition shall do so without demanding his fees in advance. The petitioner, within five days after filing the petition, shall mail or cause to be mailed, by first-class mail, copies of the notice and petition to the respondent's next of kin alleged in the petition and any other persons the clerk may designate, unless such person has accepted notice. Proof of such mailing or acceptance shall be by affidavit or certificate of acceptance of notice filed with the clerk. The clerk shall mail, by first-class mail, copies of subsequent notices to the next of kin alleged in the petition and to such other persons as the clerk deems appropriate.

(b) Expired pursuant to S.L. 2020-3, § 4.11(b), eff. Aug. 1, 2020 .
N.C. Gen. Stat. § 105-164-4D — NC Code / Chapter 105 / Section 105-164-4D
§ 105-164.4D. Bundled transactions
Status: reserved

(a) Tax Application.--Tax applies to the sales price of a bundled transaction unless one of the following applies:

(1) Fifty percent (50%) test.--All of the items in the bundle are tangible personal property, the bundle includes one or more of the exempt items listed in this subdivision, and the price of the taxable items in the bundle does not exceed fifty percent (50%) of the price of the bundle:

a. Food exempt under G.S. 105-164.13B .

b. A drug exempt under G.S. 105-164.13(13) .

c. Medical devices, equipment, or supplies exempt under G.S. 105-164.13(12) .

(2) Allocation.--The bundle includes a service, and the retailer determines an allocated price for each item in the bundle based on a reasonable allocation of revenue that is supported by the retailer's business records kept in the ordinary course of business. In this circumstance, tax applies to the allocated price of each taxable item in the bundle.

(3) Ten percent (10%) test.--The price of the taxable items in the bundle does not exceed ten percent (10%) of the price of the bundle, and no other subdivision in this subsection applies.

(4) Prepaid meal plan.--The bundle includes a prepaid meal plan and a dollar value that declines with use. In this circumstance, tax applies to the allocated price of the prepaid meal plan. The tax applies to items purchased with the dollar value that declines with use as the dollar value is presented for payment.

(5) Tuition, room, and meals.--The bundle includes tuition, room, and meals offered by an institution of higher education. In this circumstance, tax applies to the allocated price of the meals. The institution determines the allocated price for meals based on a reasonable allocation of revenue that is supported by the institution's business records kept in the ordinary course of business.

(6) Repealed by S.L. 2017-204, § 2.5(a), eff. Jan. 1, 2017 .

(b) Determining Threshold.--A retailer of a bundled transaction subject to this section may use either the retailer's purchase price or the retailer's sales price to determine if the transaction meets the fifty percent (50%) test or the ten percent (10%) test set out in subdivisions (a)(1) and (a)(3) of this section. A retailer may not use a combination of purchase price and sales price to make this determination. If a bundled transaction subject to subdivision (a)(3) of this section includes a service contract, the retailer must use the full term of the contract in determining whether the transaction meets the threshold set in the subdivision.
N.C. Gen. Stat. § 58-92-1 — NC Code / Chapter 58 / Section 58-92-1
§ 58-92-1. Title
Status: in_force

This Article shall be known and may be cited as the “Fire-Safety Standard and Firefighter Protection Act.”
N.C. Gen. Stat. § 143B-135-10 — NC Code / Chapter 143B / Section 143B-135-10
§ 143B-135.10. Definitions
Status: in_force

In this Part, unless the context requires otherwise, “ Department ” means the Department of Natural and Cultural Resources, and “ Secretary ” means the Secretary of Natural and Cultural Resources.
N.C. Gen. Stat. § 1-507 — NC Code / Chapter 1 / Section 1-507
§ 1-507. Validation of sales made outside county of action
Status: in_force

All receiver's sales made prior to March 16, 1931, where orders were made and confirmation decreed or where either orders were made or confirmation decreed outside the county in which said actions were pending by a resident judge or the judge assigned to hold the courts of the district are hereby validated, ratified and confirmed.
N.C. Gen. Stat. § 1-567-38 — NC Code / Chapter 1 / Section 1-567-38
§ 1-567.38. Arbitration agreement and substantive claim before court
Status: in_force

(a) When a party to an international commercial arbitration agreement commences judicial proceedings seeking relief with respect to a matter covered by the agreement to arbitrate, any other party to the agreement may apply to the court for an order to stay the proceedings and compel arbitration.

(b) Arbitration proceedings may begin or continue, and an award may be made, while an action described in subsection (a) is pending before the court.
N.C. Gen. Stat. § 47-11 — NC Code / Chapter 47 / Section 47-11
§ 47-11. Subpoenas to maker and subscribing witnesses
Status: in_force

The grantee or other party to an instrument required or allowed by law to be registered may at his own expense obtain from the clerk of the superior court of the county in which the instrument is required to be registered a subpoena for any or all of the makers of or subscribing witnesses to such instrument, commanding such maker or subscribing witness to appear before such clerk at his office at a certain time to give evidence concerning the execution of the instrument. The subpoena shall be directed to the sheriff of the county in which the person upon whom it is to be served resides. If any person refuses to obey such subpoena he is liable to a fine of forty dollars ($40.00) or to be attached for contempt by the clerk, upon its being made to appear to the satisfaction of the clerk that such disobedience was intentional, under the same rules of law as are prescribed in the cases of other defaulting witnesses.
N.C. Gen. Stat. § 95-25-4 — NC Code / Chapter 95 / Section 95-25-4
§ 95-25.4. Overtime
Status: reserved

(a) Every employer shall pay each employee who works longer than 40 hours in any workweek at a rate of not less than time and one half of the regular rate of pay of the employee for those hours in excess of 40 per week.

(b) Repealed by Laws 1991, c. 330, § 2 .
N.C. Gen. Stat. § 58-2-115 — NC Code / Chapter 58 / Section 58-2-115
§ 58-2-115. Admissibility of certificate as evidence of agent's authority
Status: in_force

In any case or controversy arising in any court of original jurisdiction within this State wherein it is necessary to establish the question as to whether any insurance or other corporation or agent thereof is or has been licensed by the Department to do business in this State, the certificate of the Commissioner under the seal of his office shall be admissible in evidence as proof of such corporation or agent's authority as conferred by the Department.
N.C. Gen. Stat. § 160A-471 — NC Code / Chapter 160A / Section 160A-471
§ 160A-471. Membership
Status: in_force

Each unit of local government initially adopting a concurrent resolution under G.S. 160A-470 shall become a member of the regional council. Thereafter, any local government may join the regional council by ratifying its charter and by being admitted by a majority vote of the existing members. All of the rights and privileges of membership in a regional council of governments shall be exercised on behalf of its member governments by their delegates to the council.
N.C. Gen. Stat. § 84A-3 — NC Code / Chapter 84A / Section 84A-3
§ 84A-3. Issuance of a certificate of registration; waiver
Status: in_force

(a) The North Carolina State Bar shall review the statements and the supporting documents contained in an application submitted pursuant to G.S. 84A-2 and shall report the results of their review, with recommendations, to the North Carolina Supreme Court.

(b) The North Carolina Supreme Court may issue to an applicant a certificate of registration as a foreign legal consultant.

(c) The North Carolina Supreme Court shall not grant a certificate of registration as a foreign legal consultant unless it is satisfied that the applicant possesses good moral character.

(d) Upon a showing that strict compliance with all of the provisions of G.S. 84A-2 would cause the applicant unnecessary hardship or upon a showing of professional qualifications to practice as a foreign legal consultant satisfactory to the North Carolina Supreme Court, the North Carolina Supreme Court may issue a certificate of registration under this Chapter to an applicant who did not satisfy the provisions of G.S. 84A-2 .
N.C. Gen. Stat. § 80-62 — NC Code / Chapter 80 / Section 80-62
§ 80-62. Fees for recording
Status: in_force

The Commissioner is authorized to collect a fee of twenty-five dollars ($25.00) for the recording of each new brand, or for rerecording of each brand, and shall issue one certified copy of each brand recording to the holder of said brand. Duplicate certificates of registration may be issued by the Commissioner upon payment of a fee of two dollars ($2.00). Revenues collected pursuant to this Article shall be deposited with the State Treasurer to the account of the North Carolina Department of Agriculture and Consumer Services.
N.C. Gen. Stat. § 131E-205 — NC Code / Chapter 131E / Section 131E-205
§ 131E-205. Adverse action on a license; appeal procedures
Status: in_force

(a) The Department may suspend, revoke, cancel, or amend a license when there has been a substantial failure to comply with this Article or with rules and regulations adopted thereunder.

(b) Chapter 150B of the General Statutes, the Administrative Procedure Act, shall govern all administrative action pursuant to subsection (a) and all judicial review arising therefrom.
N.C. Gen. Stat. § 90-85-37 — NC Code / Chapter 90 / Section 90-85-37
§ 90-85.37. Embargo
Status: in_force

Notwithstanding any other provisions of law, whenever an authorized representative of the Board has reasonable cause to believe that any drug or device presents a danger to the public health, he shall affix to the drug or device a notice that the article is suspected of being dangerous to the public health and warning all persons not to remove or dispose of the article. Whenever an authorized representative of the Board has reasonable cause to believe that any drug or device presents a danger to the public health and that there are reasonable grounds to believe that it might be disposed of pending a judicial resolution of the matter, he shall seize the article and take it to a safe and secure place. When an article has been embargoed under this section, the Board shall, as soon as practical, file a petition in Orange County District Court for a condemnation order for such article. If the judge determines after hearing, that the article is not dangerous to the public health, the Board shall direct the immediate removal of the tag or other marking, and where appropriate, shall direct that the article be returned to its owner. If the judge finds the article is dangerous to the public health, he shall order its destruction at the owner's expense and under the Board's supervision. If the judge determines that the article is dangerous to the public health, he shall order the owner of the article to pay all court costs, reasonable attorney's fees, storage fees, and all other costs incident to the proceeding.
N.C. Gen. Stat. § 120-2-1 — NC Code / Chapter 120 / Section 120-2-1
§ 120-2.1. Severability of Senate and House apportionment acts
Status: in_force

If any provision of any act of the General Assembly that apportions Senate or House districts is held invalid by any court of competent jurisdiction, the invalidity shall not affect other provisions that can be given effect without the invalid provision; and to this end the provisions of any said act are severable.
N.C. Gen. Stat. § 145-15 — NC Code / Chapter 145 / Section 145-15
§ 145-15. State tartan
Status: in_force

The Carolina Tartan is adopted as the official tartan of the State of North Carolina.
N.C. Gen. Stat. § 119-27-1 — NC Code / Chapter 119 / Section 119-27-1
§ 119-27.1. Self-service gasoline pumps; display of owner's or operator's name, address and telephone number
Status: in_force

(a) Every owner of, or other person in control of, a self-service gas pump or station whose equipment permits purchase and physical transfer of gasoline or oil products by insertion of money into some device or machine without the necessity of personal service by the owner or his agent shall clearly affix a sticker to each pump showing his name, address, and telephone number.

(b) The North Carolina Department of Agriculture and Consumer Services shall have the responsibility for the enforcement of this section.
N.C. Gen. Stat. § 90-270-67 — NC Code / Chapter 90 / Section 90-270-67
§ 90-270.67. Definitions
Status: in_force

As used in this Article, unless the context clearly requires a different meaning:

(1) Accrediting body .--The Accrediting Council for Occupational Therapy Education.

(1a) Board .--The North Carolina Board of Occupational Therapy.

(1b) Examining body .--The National Board for Certification in Occupational Therapy.

(2) Occupational therapist .--An individual licensed in good standing to practice occupational therapy as defined in this Article.

(3) Occupational therapy assistant .--An individual licensed in good standing to assist in the practice of occupational therapy under this Article, who performs activities commensurate with his or her education and training under the supervision of a licensed occupational therapist.

(4) Occupational therapy .--A health care profession providing evaluation, treatment and consultation to help individuals achieve a maximum level of independence by developing skills and abilities interfered with by disease, emotional disorder, physical injury, the aging process, or impaired development. Occupational therapists use purposeful activities and specially designed orthotic and prosthetic devices to reduce specific impairments and to help individuals achieve independence at home and in the work place.

(5) Person .--Any individual, partnership, unincorporated organization, or corporate body, except that only an individual may be licensed under this Article.
N.C. Gen. Stat. § 136-14-2 — NC Code / Chapter 136 / Section 136-14-2
§ 136-14.2. Division engineer to manage personnel
Status: in_force

Except for general departmental policy applicable to all of the State the division engineer shall have authority over all divisional personnel matters and over Department employees in his division making personnel decisions.
N.C. Gen. Stat. § 119-32 — NC Code / Chapter 119 / Section 119-32
§ 119-32. Powers and authority of inspectors
Status: in_force

The gasoline and oil inspectors shall have the right of access to the premises and records of any place where petroleum products are stored for the purpose of examination, inspection and/or drawing of samples, and said inspectors are hereby vested with the authority and powers of peace and police officers in the enforcement of motor fuel tax and inspection laws throughout the State, including the authority to arrest, with or without warrants, and take offenders before the several courts of the State for prosecution or other proceedings, and seize or hold or deliver to the sheriff of the proper county all motor or other vehicles and all containers used in transporting motor fuels and/or other liquid petroleum products in violation of or without complying with the provisions of this Article or the rules, regulations or requirements of the Commissioner of Agriculture and/or the Gasoline and Oil Inspection Board and also all motor fuels contained therein. Said inspectors shall have power and authority on the public highways or any other place to stop and detain for inspection and investigation any vehicle containing any motor fuel and/or other liquid petroleum products in excess of 100 gallons or commonly used in the transportation of such fuels and the driver or person in charge thereof, and to require the production by such driver or person in charge of all records, documents and papers required by law to be carried and exhibited by persons in charge of vehicles engaged in transporting such fuels; and whenever said inspectors shall find or see any person engaged in handling, selling, using, or transporting any fuels in violation of any of the provisions of the motor fuel tax or inspection laws of this State, or whenever any such person shall fail or refuse to exhibit to said inspectors, upon demand therefor, any records, documents or papers required by law to be kept subject to inspection or to be exhibited by such person, said person shall be guilty of a Class 1 misdemeanor, and it shall be the duty of said inspectors to immediately arrest such violator and take him before some proper peace officer of the county in which the offense was committed and institute proper prosecution.
N.C. Gen. Stat. § 14-64 — NC Code / Chapter 14 / Section 14-64
§ 14-64. Burning of ginhouses and tobacco houses
Status: in_force

(a) Unless the conduct is covered under some other provision of law providing greater punishment, if any person shall wantonly and willfully set fire to or burn or cause to be burned, or aid, counsel or procure the burning of any ginhouse or tobacco house, or any part thereof, the person shall be punished as a Class H felon.

(b) The following definitions apply to this section:

(1) Ginhouse.--Any building or structure where cotton is ginned.

(2) Tobacco house.--Any barn, building, or other structure used for curing and aging tobacco.