FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 58-62-46 — NC Code / Chapter 58 / Section 58-62-46
§ 58-62-46. Plan of operation
Status: in_force

(a) The Association shall submit to the Commissioner a Plan and any amendments necessary or suitable to assure the fair, reasonable, and equitable administration of the Association. The Plan and any amendments shall become effective upon the Commissioner's written approval or unless the Commissioner has not disapproved it within 30 days.

(b) If the Association fails to submit a suitable Plan within 120 days after the effective date of this Article or if at any time thereafter the Association fails to submit suitable amendments to the Plan, the Commissioner shall, after notice and hearing, adopt rules that are necessary or advisable to carry out the provisions of this Article. The rules shall continue in force until modified by the Commissioner or superseded by a Plan submitted by the Association and approved by the Commissioner.

(c) All member insurers shall comply with the Plan.

(d) The Plan shall, in addition to other requirements specified in this Article, establish all of the following:

(1) Procedures for handling the assets of the Association.

(2) The amount and method of reimbursing members of the Board under G.S. 58-62-31 .

(3) Regular places and times for meetings, including telephone conference calls, of the Board.

(4) Procedures for records to be kept of all financial transactions of the Association, its agents, and the Board.

(5) Procedures whereby selections for the Board will be made and submitted to the Commissioner.

(6) Any additional procedures for assessments under G.S. 58-62-41 .

(7) Additional provisions necessary or proper for the execution of the powers and duties of the Association.

(8) Procedures whereby a director may be removed for cause, including in the case where a member insurer director becomes a delinquent insurer.

(9) Policies and procedures for the Board to address conflicts of interests.

(e) The Plan may provide that any or all powers and duties of the Association, except those under G.S. 58-62-36(r) and G.S. 58-62-41 , may be delegated to a corporation, association, or other organization that performs or will perform functions similar to those of the Association, or its equivalent, in two or more states. Such a corporation, association, or organization shall be reimbursed for any payments made on behalf of the Association and shall be paid for its performance of any function of the Association. A delegation under this subsection is effective only with the approval of both the Board and the Commissioner, and may be made only to a corporation, association, or organization that extends protection not substantially less favorable and effective than that provided by this Article.
N.C. Gen. Stat. § 14-409-12 — NC Code / Chapter 14 / Section 14-409-12
§ 14-409.12. “Historic edged weapons” defined
Status: in_force

The term “historic edged weapon” means any bayonet, trench knife, sword or dagger manufactured during or prior to World War II but in no event later than January 1, 1946.
N.C. Gen. Stat. § 90A-21 — NC Code / Chapter 90A / Section 90A-21
§ 90A-21. Water Treatment Facility Operators Board of Certification
Status: reserved

(a) Board Membership.--There is hereby established within the Department of Environmental Quality a Water Treatment Facility Operators Board of Certification (hereinafter termed the “Board of Certification”) composed of eight members to be appointed by the Governor as follows:

(1) One member who is currently employed as a water treatment facility operator;

(2) One member who is manager of a North Carolina municipality using a surface water supply;

(3) One member who is manager of a North Carolina municipality using a treated groundwater supply;

(4) One member who is employed as a director of utilities, water superintendent, or equivalent position with a North Carolina municipality;

(5) One member employed by a private water utility or private industry and who is responsible for the operation or supervision of a water supply and treatment facility;

(6) One member who is a faculty member of a four-year college or university whose major field is related to water supply;

(7) One member employed by the Department of Environmental Quality and working in the field of water supply;

(8) One member not certified or regulated under this Article, who shall represent the interest of the public at large.

(b) Terms of Office.--All members serving on the Board on June 30, 1981, shall complete their respective terms. No member appointed to the Board on or after July 1, 1981, shall serve more than two complete consecutive three-year terms, except that the member employed by the Department of Environmental Quality may serve more than two consecutive terms, and except that each member shall serve until his successor is appointed and qualifies. The Governor may remove any member for good cause shown and shall appoint members to fill unexpired terms. The Governor shall appoint the public member not later than July 1, 1981.

(c) Powers and Responsibilities.--The Board of Certification shall establish all rules, regulations and procedures with respect to the certification program and advise and assist the Secretary of Environmental Quality in its administration.

(d) Compensation.--Members of the Board of Certification who are officers or employees of State agencies or institutions shall receive subsistence and travel allowances at the rates authorized by G.S. 138-5 .

(e) Officers.--The Board shall elect a chairman and all other necessary officers to serve one-year terms. A majority of the members of the Board shall constitute a quorum for the transaction of business.

(f) Annual Report.--The Board shall report annually to the Governor a full statement of its disciplinary and enforcement programs and activities during the year, together with such recommendations as it may deem expedient.
N.C. Gen. Stat. § 90C-36 — NC Code / Chapter 90C / Section 90C-36
§ 90C-36. Violations and penalties
Status: in_force

Any person not licensed under this Chapter who holds himself or herself out to be licensed under this Chapter or who practices recreational therapy or therapeutic recreation shall be guilty of a Class 1 misdemeanor. Any fine imposed as a result of conviction shall not exceed five hundred dollars ($500.00).
N.C. Gen. Stat. § 66-394 — NC Code / Chapter 66 / Section 66-394
§ 66-394. Pawnbroker transactions
Status: in_force

In every pawn transaction:

(1) The original pawn contract shall have a maturity date of not less than 30 days, provided that nothing herein shall prevent the pledgor from redeeming the property before the maturity date;

(2) Any personal property pledged to a pawnbroker in this State is subject to sale or disposal when there has been no payment made on the account for a period of 60 days past maturity date of the original contract; provided that the contract between the pledgor and the pawnbroker is renewable if renewal is agreed upon by both the parties;

(3) Every pawn ticket or receipt for such pawn shall have printed thereon the provisions of subdivision (1) of this section which shall constitute: (i) notice of such sale or disposal, (ii) notice of intention to sell or dispose of the property without further notice, and (iii) consent to such sale or disposal. The pledgor thereby forfeits all right, title and interest of, in, and to such pawned property to the pawnbroker who thereby acquires absolute title to the same, whereupon the debt is satisfied and the pawnbroker may sell or dispose of the unredeemed pledges as his own property. Any sale or disposal of property under this section terminates all liability of the pawnbroker and vests in the purchaser the right, title, and interest of the borrower and the pawnbroker;

(4) If the borrower loses his pawn ticket he shall not thereby forfeit his right to redeem, but may, before the lapse of the redemption period, make an affidavit with indemnification for such loss. The affidavit shall describe the property pawned and shall take the place of the lost pawn ticket unless the pawned property has already been redeemed with the original pawn ticket; and

(5) A pledgor is not obligated to redeem pledged goods or make any payment on a pawn transaction.
N.C. Gen. Stat. § 1-538-2 — NC Code / Chapter 1 / Section 1-538-2
§ 1-538.2. Civil liability for larceny, shoplifting, theft by employee, organized retail theft, embezzlement, obtaining property by false pretense, and other offenses
Status: reserved

(a) Any person, other than an unemancipated minor, who commits an act that is punishable under G.S. 14-72 , 14-72.1 , 14-72.11 , 14-74 , 14-86.6 , 14-86.7 , 14-90 , or 14-100 is liable for civil damages to the owner of the property. In any action brought by the owner of the property, the owner is entitled to recover the value of the goods or merchandise, if the goods or merchandise have been destroyed, or any loss of value to the goods or merchandise, if the goods or merchandise were recovered, or the amount of any money lost by reason of the theft or embezzlement or fraud of an employee. The owner of the property is also entitled to recover for loss to real or personal property caused in the commission of the act. In addition to the above, the owner of the property is entitled to recover any consequential damages, and punitive damages, together with reasonable attorneys' fees. The total consequential damages awarded to a plaintiff against a defendant under this section shall not be less than one hundred fifty dollars ($150.00) and shall not exceed three thousand dollars ($3,000) except an act punishable under G.S. 14-74 , 14-86.6 , 14-86.7 , or 14-90 shall have no maximum limit under this section.

(b) The parent or legal guardian, having the care, custody and control of an unemancipated minor who commits an act punishable under G.S. 14-72 , 14-72.1 , 14-72.11 , 14-74 , 14-86.6 , 14-86.7 , 14-90 , or 14-100 , is civilly liable to the owner of the property obtained by the act if such parent or legal guardian knew or should have known of the propensity of the child to commit such an act; and had the opportunity and ability to control the child, and made no reasonable effort to correct or restrain the child. In an action brought against the parent or legal guardian by the owner, the owner is entitled to recover the amounts specified in subsection (a) except punitive damages. The total consequential damages awarded to a plaintiff against the parent or legal guardian shall not be less than one hundred fifty dollars ($150.00) and shall not exceed three thousand dollars ($3,000).

(c) An action may be brought under this section regardless of whether a criminal action is brought or a criminal conviction is obtained for the act alleged in the civil action.

(c1) For the purposes of this section, consequential damages shall include, but shall not be limited to:

(1) The salary paid to any employee for investigation, reporting, testifying, or any other time related to the investigation or prosecution for any violation under subsection (a) of this section; and

(2) Any costs, such as mileage, postage, stationery, or telephone expenses that were incurred as a result of the violation.

(c2) to (c4) Repealed by S.L. 2022-30, § 5, eff. Dec. 1, 2022 .

(d) Nothing contained in this act shall prohibit recovery upon any other theory in the law.
N.C. Gen. Stat. § 115C-372 — NC Code / Chapter 115C / Section 115C-372
§ 115C-372. Assignment to school bus
Status: in_force

Assignment of students to school buses is subject to the provisions of G.S. 115C-244 .
N.C. Gen. Stat. § 105-277-14 — NC Code / Chapter 105 / Section 105-277-14
§ 105-277.14. Taxation of working waterfront property
Status: reserved

(a) Definitions.--The following definitions apply in this section:

(1) Coastal fishing waters.--Defined in G.S. 113-129 .

(2) Commercial fishing operation.--Defined in G.S. 113-168 .

(3) Fish processing.--Processing fish, as defined in G.S. 113-129 , for sale.

(4) Working waterfront property.--Any of the following property that has, for the most recent three-year period, produced an average gross income of at least one thousand dollars ($1,000):

a. A pier that extends into coastal fishing waters and limits access to those who pay a fee.

b. Real property that is adjacent to coastal fishing waters and is primarily used for a commercial fishing operation or fish processing, including adjacent land that is under improvements used for one of these purposes.

(b) Classification.--Working waterfront property is designated a special class of property under Section 2(2) of Article V of the North Carolina Constitution and must be appraised, assessed, and taxed on the basis of the value of the property in its present use rather than on its true value. Working waterfront property includes land reasonably necessary for the convenient use of the property.

(c) Deferred Taxes.--The difference between the taxes that are due on working waterfront property taxed on the basis of its present use and that would be due if the property were taxed on the basis of its true value is a lien on the property. The difference in taxes must be carried forward in the records of each taxing unit as deferred taxes. The deferred taxes for the preceding three fiscal years are due and payable in accordance with G.S. 105-277.1F when the property loses its eligibility for deferral as a result of a disqualifying event. A disqualifying event occurs when the property no longer qualifies as working waterfront property.

(d) Repealed by S.L. 2009-445, § 23(b), eff. Aug. 7, 2009 .
N.C. Gen. Stat. § 143B-135-50 — NC Code / Chapter 143B / Section 143B-135-50
§ 143B-135.50. Classification of parks resources
Status: in_force

After adopting the Plan, the Secretary shall identify and classify the major resources of each of the parks in the State Parks System, in order to establish the major purpose or purposes of each of the parks, consistent with the Plan and the purposes of this Part.
N.C. Gen. Stat. § 58-31A-50 — NC Code / Chapter 58 / Section 58-31A-50
§ 58-31A-50. Maintenance of inspection and engineering service; cancellation of insurance
Status: in_force

The Commissioner is authorized and empowered to maintain an inspection and engineering service deemed by it to be appropriate and necessary to reduce the hazards of fire in public education buildings insured in the Fund and to expend for such purpose not in excess of ten percent (10%) of the annual premiums collected from the public education boards. The Commissioner is authorized and empowered to cancel any insurance on any public education property when, in his or her opinion, because of dilapidation and depreciation of the property, the property is no longer insurable. The public education board shall be notified at least 30 days prior to cancellation, and in the event the public education board demonstrates the property can be restored to insurable condition, the Commissioner may continue insurance coverage, provided, that the findings and results of the inspection of public education property by the agents of the Commissioner shall be reported to the public education board and to the tax-levying authority for that public education board that carry insurance with the Fund at least 30 days prior to finalization of a local budget for that fiscal year to ensure that all public education property shall be properly taken care of and made safe from fire hazards.
N.C. Gen. Stat. § 127A-2 — NC Code / Chapter 127A / Section 127A-2
§ 127A-2. Classification of militia
Status: in_force

The militia shall be divided into the organized and unorganized militia. The organized militia shall consist of four classes: the North Carolina National Guard, the naval militia, the State defense militia and historic military commands.
N.C. Gen. Stat. § 20-324 — NC Code / Chapter 20 / Section 20-324
§ 20-324. Expiration and renewal of licenses; fees
Status: in_force

(a) Renewal.--A license issued under this Article expires two years after the date the license is issued. To renew a license, the license holder must file an application for renewal with the Division.

(b) Fees.--An application for an initial license or the renewal of a license must be accompanied by the application fee for the license. The application fee for a school license is eighty dollars ($80.00). The application fee for an instructor license is sixteen dollars ($16.00). The application fee for a license is not refundable. Fees collected under this section must be credited to the Highway Fund.
N.C. Gen. Stat. § 150B-48 — NC Code / Chapter 150B / Section 150B-48
§ 150B-48. Stay of decision
Status: in_force

At any time before or during the review proceeding, the person aggrieved may apply to the reviewing court for an order staying the operation of the administrative decision pending the outcome of the review. The court may grant or deny the stay in its discretion upon such terms as it deems proper and subject to the provisions of G.S. 1A-1, Rule 65 .
N.C. Gen. Stat. § 131D-2-18 — NC Code / Chapter 131D / Section 131D-2-18
§ 131D-2.18. Application of other laws
Status: in_force

(a) Certification of assisted living administrators shall be as provided under Article 20A of Chapter 90 of the General Statutes .

(b) Compliance with the Health Care Personnel Registry shall be as provided under G.S. 131E-256 .

(c) Rules for the operation of the adult care portion of a combination home, as defined in G.S. 131E-101 , shall be as provided in G.S. 131E-104 .
N.C. Gen. Stat. § 131E-43 — NC Code / Chapter 131E / Section 131E-43
§ 131E-43. Limitation of actions
Status: in_force

Any action or proceeding in any court to set aside a resolution of the North Carolina Medical Care Commission creating any hospital district, or questioning the validity of the resolution, or the creation of any hospital district, or the inclusion in the district of any of the territory described in the resolution creating the district, must be commenced within 30 days after the first publication of the resolution and notice required by G.S. 131E-42(e) . Thereafter, no right of action or defense founded upon the invalidity of a resolution or the creation of a district or the inclusion of any territory in the district shall be asserted, nor shall the validity of the resolution or the creation of the district or the inclusion of any territory be open to question in any court upon any ground, except in any action or proceeding commenced within the 30-day period.
N.C. Gen. Stat. § 108D-70 — NC Code / Chapter 108D / Section 108D-70
§ 108D-70. Advanced Medical Homes
Status: in_force

PHPs shall be required to implement an Advanced Medical Home care management program but shall not be required to contract with any particular entity as an Advanced Medical Home. A PHP may contract with any entity to serve as an Advanced Medical Home or may create its own Advanced Medical Home care management program.
N.C. Gen. Stat. § 162A-85-5 — NC Code / Chapter 162A / Section 162A-85-5
§ 162A-85.5. Powers generally
Status: in_force

(a) Each district shall be deemed to be a public body and body politic and corporate exercising public and essential governmental functions to provide for the preservation and promotion of the public health and welfare, and each district is hereby authorized and empowered to do all of the following:

(1) To exercise any power of a Metropolitan Water District under G.S. 162A-36 , except subdivision (9) of that section.

(2) To exercise any power of a Metropolitan Sewer District under G.S. 162A-69 , except subdivision (9) of that section.

(3) To do all acts and things necessary or convenient to carry out the powers granted by this Article.

(b) Each district shall keep its accounts on the basis of a fiscal year commencing on the first day of July and ending on the 30th day of June of the following year.
N.C. Gen. Stat. § 25-8-202 — NC Code / Chapter 25 / Section 25-8-202
§ 25-8-202. Issuer's responsibility and defenses; notice of defect or defense
Status: in_force

(a) Even against a purchaser for value and without notice, the terms of a certificated security include terms stated on the certificate and terms made part of the security by reference on the certificate to another instrument, indenture, or document or to a constitution, statute, ordinance, rule, regulation, order, or the like, to the extent the terms referred to do not conflict with terms stated on the certificate. A reference under this subsection does not of itself charge a purchaser for value with notice of a defect going to the validity of the security, even if the certificate expressly states that a person accepting it admits notice. The terms of an uncertificated security include those stated in any instrument, indenture, or document or in a constitution, statute, ordinance, rule, regulation, order, or the like, pursuant to which the security is issued.

(b) The following rules apply if an issuer asserts that a security is not valid:

(1) A security other than one issued by a government or governmental subdivision, agency, or instrumentality, even though issued with a defect going to its validity, is valid in the hands of a purchaser for value and without notice of the particular defect unless the defect involves a violation of a constitutional provision. In that case, the security is valid in the hands of a purchaser for value and without notice of the defect, other than one who takes by original issue.

(2) Subdivision (1) of this subsection applies to an issuer that is a government or governmental subdivision, agency, or instrumentality only if there has been substantial compliance with the legal requirements governing the issue or the issuer has received a substantial consideration for the issue as a whole or for the particular security and a stated purpose of the issue is one for which the issuer has power to borrow money or issue the security.

(c) Except as otherwise provided in G.S. 25-8-205 , lack of genuineness of a certificated security is a complete defense, even against a purchaser for value and without notice.

(d) All other defenses of the issuer of a security, including nondelivery and conditional delivery of a certificated security, are ineffective against a purchaser for value who has taken the security without notice of the particular defense.

(e) This section does not affect the right of a party to cancel a contract for a security “when, as and if issued” or “when distributed” in the event of a material change in the character of the security that is the subject of the contract or in the plan or arrangement pursuant to which the security is to be issued or distributed.

(f) If a security is held by a securities intermediary against whom an entitlement holder has a security entitlement with respect to the security, the issuer may not assert any defense that the issuer could not assert if the entitlement holder held the security directly.