FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 122D-18 — NC Code / Chapter 122D / Section 122D-18
§ 122D-18. Account and audits
Status: in_force

(a) Subject to the provisions of any contract with the holders of its bonds, the Authority shall establish a system of accounts.

(b) The Authority may cause an independent audit of its books and accounts to be prepared annually and the cost thereof may be paid from any available moneys of the Authority.

(c) By October 1 of each year, the Authority shall submit to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division an annual report on the operations of the Authority during the past fiscal year. The annual report shall include a mission statement and a description of the Authority’s activities during the past fiscal year. The Authority shall submit to the Governor, the Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources, and the Fiscal Research Division a copy of the report of every audit of the books and accounts of the Authority within 60 days after receipt of the report.
N.C. Gen. Stat. § 62-205 — NC Code / Chapter 62 / Section 62-205
§ 62-205. Joinder of causes of action
Status: in_force

To expedite the settlement of claims between shippers and common carriers, a shipper may join in the same complaint against a common carrier any number of claims for overcharges, or a common carrier may join in the same complaint any number of claims against a shipper for undercharges, whether such claims arose at the same time or in the course of shipments at different times; provided, that each such claim shall be so identified that the same and the allegations with respect thereto may be distinguished from other claims so joined in the complaint, and in cases in which the right of subrogation may be invoked the judgment shall specify the amount of recovery, if any, on each such claim. For the purpose of jurisdiction under this section the aggregate amount set out in the complaint shall be deemed the sum in controversy. Provided, however, that this section shall not apply to motor carriers of passengers.
N.C. Gen. Stat. § 31D-2-201 — NC Code / Chapter 31D / Section 31D-2-201
§ 31D-2-201. Creation of power of appointment
Status: reserved

(a) A power of appointment is created only if all of the following apply:

(1) The instrument creating the power is valid under applicable law.

(2) Repealed by S.L. 2021-53, § 4.1, eff. June 25, 2021 .

(3) The terms of the instrument creating the power manifest the donor's intent to create in a power holder a power of appointment over the appointive property exercisable in favor of a permissible appointee.

(b) Repealed by S.L. 2021-53, § 4.1, eff. June 25, 2021 .

(c) A power of appointment may not be created in a deceased individual.

(d) Subject to an applicable rule against perpetuities or restraint on alienation, a power of appointment may be created in an unborn or unascertained power holder.
N.C. Gen. Stat. § 93A-60 — NC Code / Chapter 93A / Section 93A-60
§ 93A-60. Substantial compliance
Status: in_force

If a developer or managing entity has otherwise substantially complied with this Article, any nonmaterial errors or omissions shall not be the basis for any claims or defenses asserted by the purchaser; provided, however, that for purposes of this section, the developer or managing entity shall have the burden of proof.
N.C. Gen. Stat. § 160D-951 — NC Code / Chapter 160D / Section 160D-951
§ 160D-951. Conflict with other laws
Status: in_force

Whenever any regulation adopted pursuant to this Part requires a longer waiting period or imposes other higher standards with respect to a designated historic landmark or district than are established under any other statute, charter provision, or regulation, this Part shall govern. Whenever the provisions of any other statute, charter provision, ordinance, or regulation require a longer waiting period or impose other higher standards than are established under this Part, such other statute, charter provision, ordinance, or regulation shall govern.
N.C. Gen. Stat. § 90-515 — NC Code / Chapter 90 / Section 90-515
§ 90-515. Definitions
Status: in_force

The following definitions apply in this Article:

(1) “ American Board of Industrial Hygiene ”.--A nonprofit corporation incorporated in 1960 in Pennsylvania to improve the practice of the profession of Industrial Hygiene by certifying individuals who meet its education and experience standards and who pass its examination.

(2) “ Certified Industrial Hygienist (CIH)”.--A person who has met the education, experience, and examination requirements established by the American Board of Industrial Hygiene for a Certified Industrial Hygienist (CIH).

(3) “ Industrial Hygiene ”.--The applied science devoted to the anticipation, evaluation, and control of contaminants and stressors that may cause sickness, impaired health and well-being, or significant discomfort and inefficiency among workers and the general public.

(4) “ Industrial Hygienist ”.--A person who, through special studies and training in chemistry, physics, biology, and related sciences, has acquired competence in industrial hygiene. The special studies and training must have been sufficient to confer competence in the: (i) anticipation and recognition of environmental contaminants and stressors to which workers and other members of the public could be exposed in industrial operations, office buildings, homes, and the general community; (ii) assessment of the likely effects on the health and well-being of individuals exposed to these contaminants and stressors; (iii) quantification of levels of human exposure to these contaminants and stressors through scientific measurement techniques; and (iv) designation of methods to eliminate or to control these contaminants and stressors, or to reduce the level of human exposure to them.

(5) “ Industrial Hygienist in Training (IHIT)”.--A person who has met the education, experience, and examination requirements established by the American Board of Industrial Hygiene for an Industrial Hygienist in Training (IHIT).
N.C. Gen. Stat. § 159C-21 — NC Code / Chapter 159C / Section 159C-21
§ 159C-21. Dissolution of authorities
Status: in_force

Whenever the board of commissioners of an authority and the governing body of the county for which such authority was created shall by joint resolution determine that the purposes for which the authority was formed have been substantially fulfilled and that all bonds theretofore issued and all other obligations theretofore incurred by the authority have been fully paid or satisfied, such board of commissioners and governing body may declare the authority to be dissolved. On the effective date of such joint resolution, the title to all funds and other property owned by the authority at the time of such dissolution shall vest in the county or in such other political subdivisions as the county shall direct, and possession of such funds and other property shall forthwith be delivered to the county or to such other political subdivisions in accordance with the direction of the county.
N.C. Gen. Stat. § 25-10-106 — NC Code / Chapter 25 / Section 25-10-106
§ 25-10-106. Covered transactions not subject to prior registration statutes
Status: in_force

Any security interest subject to article 9 of the Uniform Commercial Code and which is perfected by filing or otherwise under the Uniform Commercial Code, article 9 , shall not be subject in any way to chapter 47 of the North Carolina General Statutes.
N.C. Gen. Stat. § 58-58-90 — NC Code / Chapter 58 / Section 58-58-90
§ 58-58-90. Construction
Status: in_force

G.S. 58-58-75 , 58-58-80 , 58-58-85 , and 58-58-86 do not limit or abridge any insurable interest or right to insure now existing at common law or by statute, and shall be construed liberally to sustain insurable interest, whether as a declaration of existing law or as an extension of or addition to existing law.
N.C. Gen. Stat. § 59B-5 — NC Code / Chapter 59B / Section 59B-5
§ 59B-5. Real and personal property; nonprofit association as devisee or beneficiary
Status: in_force

(a) A nonprofit association is a legal entity separate from its members for the purposes of acquiring, holding, encumbering, and transferring real and personal property.

(b) A nonprofit association, in its name, may acquire, hold, encumber, or transfer an estate or interest in real or personal property.

(c) A nonprofit association may be a beneficiary of a trust or contract or a devisee.

(d) Any judgments and executions against a nonprofit association bind its real and personal property in like manner as if it were incorporated.
N.C. Gen. Stat. § 20-56 — NC Code / Chapter 20 / Section 20-56
§ 20-56. Registration indexes
Status: reserved

(a) The Division shall file each application received, and when satisfied as to the genuineness and regularity thereof, and that the applicant is entitled to register such vehicle and to the issuance of a certificate of title, shall register the vehicle therein described and keep a record thereof as follows:

(1) Under a distinctive registration number assigned to the vehicle;

(2) Alphabetically, under the name of the owner;

(3) Under the motor number or any other identifying number of the vehicle; and

(4) In the discretion of the Division, in any other manner it may deem advisable.

(b) Repealed by S.L. 2001-424, § 6.14(g), eff. Sept. 26, 2001 .
N.C. Gen. Stat. § 148-118-8 — NC Code / Chapter 148 / Section 148-118-8
§ 148-118.8. Appointment, salary, and authority of Executive Director and inmate grievance examiners
Status: in_force

(a) The Grievance Resolution Board, in consultation with the Secretary of the Department of Adult Correction, shall provide the Governor with at least three nominees, and the Governor shall appoint an Executive Director from those nominees. The Grievance Resolution Board shall appoint grievance examiners. The Executive Director shall manage the staff and perform such other functions as are assigned to the Director by the Grievance Resolution Board. The Executive Director shall serve at the pleasure of the Governor. The grievance examiners shall serve at the pleasure of the Grievance Resolution Board. The grievance examiners shall be subject to Article 2 of Chapter 126 of the North Carolina General Statutes for purposes of salary and leave. Support staff, equipment, and facilities for the Board shall be provided by the Department of Adult Correction.

(b) The inmate grievance examiners shall investigate inmate grievances pursuant to the procedures established by the Administrative Remedy Procedure. Examiners shall attempt to resolve grievances through mediation with all parties. Otherwise, the inmate grievance examiners shall either (i) order such relief as is appropriate; or (ii) deny the grievance. The decision of the grievance examiner shall be binding, unless the Secretary of the Department of Adult Correction (i) finds that such relief is not appropriate, (ii) gives a written explanation for this finding, and (iii) makes an alternative order of relief or denies the grievance.
N.C. Gen. Stat. § 58-30-245 — NC Code / Chapter 58 / Section 58-30-245
§ 58-30-245. Reopening liquidation
Status: in_force

After the liquidation proceeding has been terminated and the liquidator discharged, the Commissioner or other interested party may at any time petition the Court to reopen the proceedings for good cause, including the discovery of additional assets. If the Court is satisfied that there is justification for reopening, it shall so order.
N.C. Gen. Stat. § 130A-131-15A — NC Code / Chapter 130A / Section 130A-131-15A
§ 130A-131.15A. Department to establish program
Status: in_force

(a) The Department shall establish and administer Teen Pregnancy Prevention Initiatives. The Department shall establish initiatives for primary prevention, secondary prevention, and special projects.

(b) The Commission shall adopt rules necessary to implement this section. The rules shall include a maximum annual funding level for initiatives and a requirement for local match.

(c) Initiatives shall be funded in accordance with selection criteria established by the Commission. In funding initiatives, the Department shall target counties with the highest teen pregnancy rates, increasingly higher rates, high rates within demographic subgroups, or greatest need for parenting programs. Grants shall be awarded on an annual basis.

(d) Initiatives shall be funded on a four-year funding cycle. The Department may end funding prior to the end of the four-year period if programmatic requirements and performance standards are not met. At the end of four years of funding, a local initiative shall be eligible to reapply for funding.

(e) Administrative costs in implementing this section shall not exceed ten percent (10%) of the total funds administered pursuant to this section.

(f) Programs are not required to provide a cash match for these funds; however, the Department may require an in-kind match.

(g) The Department shall periodically evaluate the effectiveness of teen pregnancy prevention programs.

(h) The Department's use of State funds for initiatives and projects authorized under this section shall not include the allocation of funds to renew or extend existing contracts or enter into new contracts for the provision of family planning services, pregnancy prevention activities, or adolescent parenting programs with any provider that performs abortions.
N.C. Gen. Stat. § 58-5-35 — NC Code / Chapter 58 / Section 58-5-35
§ 58-5-35. Securities held by Treasurer; faith of State pledged therefor; nontaxable
Status: in_force

Unless a master trustee is selected by the Commissioner pursuant to G.S. 58-5-1 , the securities required to be deposited by each insurance company in this Article shall be delivered for safekeeping by the Commissioner to the Treasurer of the State who shall receipt him therefor. For the securities so deposited the faith of the State is pledged that they shall be returned to the companies entitled to receive them or disposed of as herein provided for. The securities deposited by any company under this Article shall not, on account of such securities being in this State, be subjected to taxation but shall be held exclusively and solely for the protection of contract holders.
N.C. Gen. Stat. § 115C-426-2 — NC Code / Chapter 115C / Section 115C-426-2
§ 115C-426.2. Joint planning
Status: in_force

In order to promote greater mutual understanding of immediate and long-term budgetary issues and constraints affecting public schools and county governments, local boards of education and boards of county commissioners are strongly encouraged to conduct periodic joint meetings during each fiscal year. In particular, the boards are encouraged to assess the school capital outlay needs, to develop and update a joint five-year plan for meeting those needs, and to consider this plan in the preparation and approval of each year's budget under this Article.
N.C. Gen. Stat. § 25-8-205 — NC Code / Chapter 25 / Section 25-8-205
§ 25-8-205. Effect of unauthorized signature on security certificate
Status: in_force

An unauthorized signature placed on a security certificate before or in the course of issue is ineffective, but the signature is effective in favor of a purchaser for value of the certificated security if the purchaser is without notice of the lack of authority and the signing has been done by:

(1) An authenticating trustee, registrar, transfer agent, or other person entrusted by the issuer with the signing of the security certificate or of similar security certificates, or the immediate preparation for signing of any of them; or

(2) An employee of the issuer, or of any of the persons listed in subdivision (1) of this section, entrusted with responsible handling of the security certificate.
N.C. Gen. Stat. § 101-4 — NC Code / Chapter 101 / Section 101-4
§ 101-4. Proof of good character to accompany petition
Status: in_force

The applicant shall also file with said petition proof of his good character, which proof must be made by at least two citizens of the county who know his standing: Provided, however, proof of good character shall not be required when the application is for the change of name of a child under 16 years of age.
N.C. Gen. Stat. § 143B-289-61 — NC Code / Chapter 143B / Section 143B-289-61
§ 143B-289.61. Jurisdictional questions
Status: in_force

In the event of any question arising between the Wildlife Resources Commission and the Marine Fisheries Commission or between the Department of Environmental Quality and the Marine Fisheries Commission as to any duty, responsibility, or authority imposed upon any of these bodies by law or with respect to conflict involving rules or administrative practices, the question or conflict shall be resolved by the Governor, whose decision shall be binding.
N.C. Gen. Stat. § 131E-81 — NC Code / Chapter 131E / Section 131E-81
§ 131E-81. Penalties
Status: in_force

(a) Any person establishing, conducting, managing, or operating any hospital without a license is guilty of a Class 3 misdemeanor, and upon conviction is only liable for a fine of not more than fifty dollars ($50.00) for the first offense and not more than five hundred dollars ($500.00) for each subsequent offense. Each day of a continuing violation after conviction is a separate offense.

(b) Except as otherwise provided in this Part, any person that willfully violates any provision of this Part, willfully fails to perform any act required by this Part, or willfully performs any act prohibited by this Part is guilty of a Class 1 misdemeanor.
N.C. Gen. Stat. § 58-67-78 — NC Code / Chapter 58 / Section 58-67-78
§ 58-67-78. Coverage of certain prescribed drugs for cancer treatment
Status: in_force

(a) No health care plan written by a health maintenance organization and in force, issued, renewed, or amended on or after January 1, 1994, and that provides coverage for prescribed drugs approved by the federal Food and Drug Administration for the treatment of certain types of cancer shall exclude coverage of any drug on the basis that the drug has been prescribed for the treatment of a type of cancer for which the drug has not been approved by the federal Food and Drug Administration. The drug, however, must be approved by the federal Food and Drug Administration and must have been proven effective and accepted for the treatment of the specific type of cancer for which the drug has been prescribed in any one of the following established reference compendia:

(1) The National Comprehensive Cancer Network Drugs & Biologics Compendium;

(2) The ThomsonMicromedex 1 DrugDex;

(3) The Elsevier Gold Standard's Clinical Pharmacology; or

(4) Any other authoritative compendia as recognized periodically by the United States Secretary of Health and Human Services.

(b) Notwithstanding subsection (a) of this section, coverage shall not be required for any experimental or investigational drugs or any drug that the federal Food and Drug Administration has determined to be contraindicated for treatment of the specific type of cancer for which the drug has been prescribed.

(c) This section shall apply only to cancer drugs and nothing in this section shall be construed, expressly or by implication, to create, impair, alter, limit, notify, enlarge, abrogate, or prohibit reimbursement for drugs used in the treatment of any other disease or condition.
N.C. Gen. Stat. § 90-632-13 — NC Code / Chapter 90 / Section 90-632-13
§ 90-632.13. Rules for massage and bodywork therapy establishment license
Status: in_force

The Board shall establish rules for the licensure of massage and bodywork therapy establishments. These rules shall include at least all of the following:

(1) Requirements for adequate, safe, and sanitary facilities.

(2) Requirements for compliance with local building code requirements, State fire safety codes, and State health inspection codes necessary to ensure the safe and effective practice of massage and bodywork therapy.

(3) Requirements for retention of client and ownership records.

(4) A description of the process used by the Board to approve massage and bodywork therapy establishment licenses.

(5) Requirements for initial and periodic inspections of massage and bodywork therapy establishments.

(6) Requirements for transfer of a massage and bodywork therapy establishment license.
N.C. Gen. Stat. § 105-269 — NC Code / Chapter 105 / Section 105-269
§ 105-269. Extraterritorial authority to enforce payment
Status: reserved

(a) The Secretary, with the assistance of the Attorney General, is authorized to bring suits in the courts of other states to collect taxes legally due this State. The officials of other states that extend a like comity to this State are empowered to sue for the collection of taxes in the courts of this State. A certificate by the Secretary of State, under the Great Seal of the State, that these officers have authority to collect the tax is conclusive evidence of this authority. Whenever the Secretary considers it expedient to employ local counsel to assist in bringing suit in an out-of-state court, the Secretary, with the concurrence of the Attorney General, may employ local counsel on the basis of a negotiated retainer or in accordance with prevailing commercial law league rates.

(b) Repealed by S.L. 2001-380, § 4, eff. Aug. 20, 2001 .
N.C. Gen. Stat. § 62-126-1 — NC Code / Chapter 62 / Section 62-126-1
§ 62-126.1. Title
Status: in_force

This Article may be cited as the “Distributed Resources Access Act.”
N.C. Gen. Stat. § 28A-28-2 — NC Code / Chapter 28A / Section 28A-28-2
§ 28A-28-2. Petition
Status: in_force

(a) The petition shall be signed by the surviving spouse and verified to be accurate and complete to the best of the spouse's knowledge and belief and shall state as follows:

(1) The name and address of the spouse and the fact that the spouse is the surviving spouse of the decedent;

(2) The name and domicile of the decedent at the time of death;

(3) The date and place of death of the decedent;

(4) The date and place of marriage of the spouse and the decedent;

(5) A description sufficient to identify each tract of real property owned in whole or in part by the decedent at the time of death;

(6) A description of the nature of the decedent's personal property and the location of such property, as far as these facts are known or can with reasonable diligence be ascertained;

(7) The probable value of the decedent's personal property, so far as the value is known or can with reasonable diligence be ascertained;

(8) That no application or petition for appointment of a personal representative is pending or has been granted in this State;

(9) That the spouse is the sole devisee or sole heir, or both, of the decedent, and that there is no other devisee or heir; that the decedent's will, if any, does not prohibit summary administration; and that any property passing to the spouse under the will is not in trust;

(10) The name and address of any executor or coexecutor named by the will and that, if the decedent died testate, a copy of the petition has been personally delivered or sent by first-class mail by the spouse to the last-known address of any executor or coexecutor named by the will, if different from the spouse;

(11) That, to the extent of the value of the property received by the spouse under the will of the decedent or by intestate succession, the spouse assumes all liabilities of the decedent that were not discharged by reason of death and assumes liability for all taxes and valid claims against the decedent or the estate, as provided in G.S. 28A-28-6 ; and

(12) If the decedent died testate, that the decedent's will has been admitted to probate in the court of the proper county; that a duly certified copy of the will has been recorded in each county in which is located any real property owned by the decedent at the time of death; and that a certified copy of the decedent's will is attached to the petition.

(b) The petition shall be filed by the clerk upon payment of the fee provided in G.S. 7A-307 and shall be indexed in the index to estates.