FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 168A-9 — NC Code / Chapter 168A / Section 168A-9
§ 168A-9. Affirmative defenses
Status: in_force

Any employer may assert affirmative defenses in any action brought under this Chapter. This section shall not create any inference that an employment action which is not listed as an affirmative defense is therefore, by implication, a discriminatory practice, so long as the employment action is not otherwise prohibited by this Chapter. The following is a non-exclusive list of affirmative defenses:

(1) The failure of the qualified person with a disability to comply with or meet the employer's work rules and policies or performance standards, absent a reasonable accommodation excusing noncompliance, provided that the person is not held to rules or standards different from other employees without a disability similarly employed;

(2) The excessive, willful or habitual tardiness or absence of a qualified person with a disability, absent a reasonable accommodation that allows for flexible working hours, provided that the standard used by the employer in determining whether such tardiness or absence is excessive is the same as that applied by the employer to employees without a disability similarly employed; or

(3) A bona fide seniority or merit system, or a system which measures earnings by quantity or quality of work or production, or differences in location of employment.
N.C. Gen. Stat. § 58-48-105 — NC Code / Chapter 58 / Section 58-48-105
§ 58-48-105. Transfer of balance of security funds
Status: reserved

(a) All moneys received and paid into the Stock Workers' Compensation Security Fund under former G.S. 97-107, together with all property and securities acquired by and through the use of moneys belonging to this Fund, including interest earned upon moneys in this Fund, shall be transferred and deposited into a new account with the Association created pursuant to G.S. 58-48-115 . This account shall be separate and apart from any other accounts similarly created and from all other Association funds. The Association shall be the custodian of the account, and shall administer the account in accordance with the provisions of this Article.

(b) All moneys received and paid into the Mutual Workers' Compensation Security Fund under former G.S. 97-114, together with all property and securities acquired by and through the use of moneys belonging to this Fund, including interest earned upon moneys in this Fund, shall be transferred and deposited into a new account with the Association created pursuant to G.S. 58-48-120 . This account shall be separate and apart from any other accounts similarly created and from all other Association accounts. The Association shall be the custodian of the account, and shall administer the account in accordance with the provisions of this Article.
N.C. Gen. Stat. § 124-13 — NC Code / Chapter 124 / Section 124-13
§ 124-13. Effect on State-owned railroad company charter
Status: in_force

Nothing in this Chapter repeals or modifies any State-owned railroad company charter or limits the rights of the shareholders of the company as provided in Chapter 55 of the General Statutes .
N.C. Gen. Stat. § 25-3-409 — NC Code / Chapter 25 / Section 25-3-409
§ 25-3-409. Acceptance of draft; certified check
Status: in_force

(a) “Acceptance” means the drawee's signed agreement to pay a draft as presented. It must be written on the draft and may consist of the drawee's signature alone. Acceptance may be made at any time and becomes effective when notification pursuant to instructions is given or the accepted draft is delivered for the purpose of giving rights on the acceptance to any person.

(b) A draft may be accepted although it has not been signed by the drawer, is otherwise incomplete, is overdue, or has been dishonored.

(c) If a draft is payable at a fixed period after sight and the acceptor fails to date the acceptance, the holder may complete the acceptance by supplying a date in good faith.

(d) “Certified check” means a check accepted by the bank on which it is drawn. Acceptance may be made as stated in subsection (a) of this section or by a writing on the check which indicates that the check is certified. The drawee of a check has no obligation to certify the check, and refusal to certify is not dishonor of the check.
N.C. Gen. Stat. § 55A-1-22 — NC Code / Chapter 55A / Section 55A-1-22
§ 55A-1-22. Filing, service, and copying fees
Status: reserved

(a) The Secretary of State shall collect the following fees when the documents described in this subsection are delivered to the Secretary for filing:

Document

Fee

(1)

Articles of incorporation

$ 60.00

(2)

Application for reserved name

$ 10.00

(3)

Notice of transfer of reserved name

$ 10.00

(4)

Application for registered name

$ 10.00

(5)

Application for renewal of registered name

$ 10.00

(6)

Corporation's statement of change of registered agent or registered office or both

$ 5.00

(7)

Agent's statement of change of registered office for each affected corporation

$ 5.00

(8)

Agent's statement of resignation

No fee

(9)

Designation of registered agent or registered office or both

$ 5.00

(10)

Amendment of articles of incorporation

$ 25.00

(11)

Restated articles of incorporation without amendment of articles

$ 10.00

(12)

Restated articles of incorporation with amendment of articles

$ 25.00

(13)

Articles of merger

$ 25.00

(14)

Articles of dissolution

$ 15.00

(15)

Articles of revocation of dissolution

$ 10.00

(16)

Certificate of administrative dissolution

No fee

(17)

Application for reinstatement following administrative dissolution

$100.00

(18)

Certificate of reinstatement

No fee

(19)

Certificate of judicial dissolution

No fee

(20)

Application for certificate of authority

$125.00

(21)

Application for amended certificate of authority

$ 25.00

(22)

Application for certificate of withdrawal

$ 10.00

(23)

Certificate of revocation of authority to conduct affairs

No fee

(24)

Corporation's Statement of Change of Principal Office

$ 5.00

(24a)

Designation of Principal Office Address

$ 5.00

(25)

Articles of correction

$ 10.00

(26)

Application for certificate of existence or authorization (paper)

$ 15.00

(26a)

Application for certificate of existence or authorization (electronic)

$ 10.00

(27)

Any other document required or permitted to be filed by this Chapter

$ 10.00

(28)

Repealed by S.L. 2001-358, § 7(c), eff. Jan. 1, 2002.

(b) The Secretary of State shall collect a fee of ten dollars ($10.00) each time process is served on the Secretary under this Chapter. The party to a proceeding causing service of process is entitled to recover this fee as costs if the party prevails in the proceeding.

(c) The Secretary of State shall collect the following fees for copying, comparing, and certifying a copy of any filed document relating to a domestic or foreign corporation:

(1) One dollar ($1.00) a page for copying or comparing a copy to the original.

(2) Fifteen dollars ($15.00) for a paper certificate.

(3) Ten dollars ($10.00) for an electronic certificate.
N.C. Gen. Stat. § 95-111-18 — NC Code / Chapter 95 / Section 95-111-18
§ 95-111.18. Construction of Article and rules and regulations and severability
Status: in_force

This Article and the rules and regulations promulgated thereunder shall receive a liberal construction to the end that the welfare of the people may be protected. If any provisions of either or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect those provisions or applications which can be given effect without the invalid provision or application, and to that end the provisions of this Article are severable.
N.C. Gen. Stat. § 143B-93 — NC Code / Chapter 143B / Section 143B-93
§ 143B-93. Roanoke Island Historical Association--status
Status: in_force

The Roanoke Island Historical Association is hereby declared not to be a State agency within the meaning of the Executive Organization Act of 1973 and shall be exempt from all provisions of the Executive Organization Act of 1973 except G.S. 143B-92 and G.S. 143B-93 .
N.C. Gen. Stat. § 1-440-30 — NC Code / Chapter 1 / Section 1-440-30
§ 1-440.30. Time of jury trial
Status: in_force

All issues arising under G.S. 1-440.28 or G.S. 1-440.29 shall, when a jury trial is demanded by any party, be submitted to and determined by a jury at the same time the principal action is tried, unless the judge, on motion of any party for good cause shown, orders an earlier trial or a separate trial.
N.C. Gen. Stat. § 15A-815 — NC Code / Chapter 15A / Section 15A-815
§ 15A-815. Uniformity of interpretation
Status: in_force

This Article shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of the states which enact it.
N.C. Gen. Stat. § 153A-188 — NC Code / Chapter 153A / Section 153A-188
§ 153A-188. Lands exempt from assessment
Status: in_force

Except as provided in this Article, no land within a county is exempt from special assessments except land belonging to the United States that is exempt under the provisions of federal statutes and, in the case of water or sewer projects, land within any floodway delineated by a local government pursuant to Chapter 143, Article 21, Part 6. In addition, in the case of water or sewer projects, land owned, leased, or controlled by a railroad company is exempt from assessments by a county to the same extent that it would be exempt from assessments by a city under G.S. 160A-222 .
N.C. Gen. Stat. § 58-70-105 — NC Code / Chapter 58 / Section 58-70-105
§ 58-70-105. Unreasonable publication
Status: in_force

No collection agency shall unreasonably publicize information regarding a consumer's debt. Such unreasonable publication includes, but is not limited to, the following:

(1) Any communication with any person other than the debtor or his attorney, except:

a. With the permission of the debtor or his attorney;

b. To persons employed by the collection agency, to a credit reporting agency, to a person or business employed to collect the debt on behalf of the creditor, or to a person who makes a legitimate request for the information;

c. To the spouse (or one who stands in place of the spouse) of the debtor, or to the parent or guardian of the debtor if the debtor is a minor;

d. For the sole purpose of locating the debtor, if no indication of indebtedness is made;

e. Through legal process.

(2) Using any form of communication which ordinarily would be seen or heard by any person other than the consumer that displays or conveys any information about the alleged debt other than the name, address and phone number of the collection agency except as otherwise provided in this Part.

(3) Disclosing any information relating to a consumer's debt by publishing or posting any list of consumers, except for credit reporting purposes.
N.C. Gen. Stat. § 143B-135-70 — NC Code / Chapter 143B / Section 143B-135-70
§ 143B-135.70. Short title
Status: in_force

This Part may be cited as the North Carolina Appalachian Trails System Act.
N.C. Gen. Stat. § 136-89-53 — NC Code / Chapter 136 / Section 136-89-53
§ 136-89.53. New and existing facilities; grade crossing eliminations
Status: in_force

The Department of Transportation may designate and establish controlled-access highways as new and additional facilities or may designate and establish an existing street or highway as included within a controlled-access facility. When an existing street or highway shall be designated as and included within a controlled-access facility the owners of land abutting such existing street or highway shall be entitled to compensation for the taking of or injury to their easements of access. The Department of Transportation shall have authority to provide for the elimination of intersections at grade of controlled-access facilities with existing State highways and county roads, and city and town streets, by grade separation or frontage road, or by closing off such roads and streets, or other public ways at the right-of-way boundary line of such controlled-access facility; and after the establishment of any controlled-access facility, no highway or street which is not part of said facility shall intersect the same at grade. No street or [of] any city or town and no State highway, county road, or other public way shall be opened into or connected with any such controlled-access facility without the consent and previous approval of the Department of Transportation. Such consent and approval shall be given only if the public interest shall be served thereby.
N.C. Gen. Stat. § 58-71-81 — NC Code / Chapter 58 / Section 58-71-81
§ 58-71-81. Notice of receivership
Status: in_force

Upon the filing for protection under the United States Bankruptcy Code or any state receivership law by any bail bondsman licensed under this Article or by any bail bond business in which the bondsman holds a position of management or ownership, the bondsman shall notify the Commissioner of the filing for protection within three business days after the filing. Upon the appointment of a receiver by a State or federal court for any professional bondsman licensed under this Article, or for any bail bond business in which the bondsman holds a position of management or ownership, the bondsman shall notify the Commissioner of the filing for protection within three business days after the filing. The failure to notify the Commissioner within three business days after the filing for bankruptcy protection shall, after hearing, cause the license of any person failing to make the required notification to be suspended for a period of not less than 60 days nor more than three years, in the discretion of the Commissioner.
N.C. Gen. Stat. § 90A-74 — NC Code / Chapter 90A / Section 90A-74
§ 90A-74. Powers and duties of the Board
Status: in_force

The Board shall have the following general powers and duties:

(1) To adopt rules in the manner prescribed by Chapter 150B of the General Statutes to govern its actions and to implement the provisions of this Article.

(2) To determine the eligibility requirements for persons seeking certification pursuant to this Article.

(3) To establish grade levels of certifications based on design capacity, complexity, projected costs, and other features of approved on-site wastewater systems.

(4) To develop and administer examinations for specific grade levels of certification as approved by the Board. The Board may approve applications by recognized associations for certification of its members after a review of the requirements of the association to ensure that they are equivalent to the requirements of the Board.

(5) To issue, renew, deny, restrict, suspend, or revoke certifications and to carry out any of the other actions authorized by this Article.

(6) To establish, publish, and enforce rules of professional conduct of persons who are certified pursuant to this Article.

(7) To maintain a record of all proceedings and make available to persons certified under this Article, and to other concerned parties, an annual report of all Board action.

(8) To establish reasonable fees for application, certification, and renewal, and other services provided by the Board.

(9) To conduct investigations to determine whether violations of this Article or grounds for disciplining persons certified under this Article exist.

(10) To adopt a common seal containing the name of the Board for use on all certificates and official reports issued by the Board.

(10a) To employ staff necessary to carry out the provisions of this Article and to determine the compensation, duties, and other terms and conditions of employment of its staff.

(10b) To employ professional, clerical, investigative, or special personnel necessary to carry out the provisions of this Article.

(10c) To acquire, hold, convey, rent, encumber, alienate, and otherwise deal with real property in the same manner as a private person or corporation, subject only to the approval of the Governor and Council of State. The rents, proceeds, and other revenues and benefits of the ownership of real property shall inure to the Board. Collateral pledged by the Board for any encumbrance of real property shall be limited to the assets, income, and revenues of the Board.

(11) To conduct other services necessary to carry out the purposes of this Article.
N.C. Gen. Stat. § 58-62-81 — NC Code / Chapter 58 / Section 58-62-81
§ 58-62-81. Stay of proceedings; reopening default judgments
Status: in_force

All proceedings in which the insolvent insurer is a party in any court in this State shall be stayed 180 days from the date an order of liquidation, rehabilitation, or conservation is final to permit proper legal action by the Association on any matters germane to its powers or duties. As to a judgment under any decision, order, verdict or finding based on default, the Association may apply to have the judgment set aside by the same court that made the judgment and may defend against such suit on the merits.
N.C. Gen. Stat. § 130A-379 — NC Code / Chapter 130A / Section 130A-379
§ 130A-379. Duties of the Chief Medical Examiner
Status: in_force

The Chief Medical Examiner shall perform postmortem medicolegal examinations as provided in this Part. The Chief Medical Examiner may, upon request, provide instruction in health science, legal medicine and other subjects related to his duties at The University of North Carolina, the North Carolina Justice Academy and other institutions of higher learning.
N.C. Gen. Stat. § 146-19 — NC Code / Chapter 146 / Section 146-19
§ 146-19. Fishing license fees for nonresidents of counties in which State lakes are situated
Status: in_force

The Wildlife Resources Commission, through its authorized agent or agents, is hereby authorized to require of nonresidents of the county within which a State lake is situated a daily or weekly permit in lieu of the regular “resident State license” for fishing with hook and line or rod and reel within said lake in accordance with the regulations of the Commission relating to said lake. Except for the provisions of this section, the laws and regulations dealing with the issuance of fishing permits by said Commission must be complied with.
N.C. Gen. Stat. § 14-58 — NC Code / Chapter 14 / Section 14-58
§ 14-58. Punishment for arson
Status: in_force

There shall be two degrees of arson as defined at the common law. If the dwelling burned was occupied at the time of the burning, the offense is arson in the first degree and is punishable as a Class D felony. If the dwelling burned was unoccupied at the time of the burning, the offense is arson in the second degree and is punishable as a Class E felony.
N.C. Gen. Stat. § 160D-1001 — NC Code / Chapter 160D / Section 160D-1001
§ 160D-1001. Authorization
Status: in_force

(a) The General Assembly finds the following:

(1) Development projects often occur in multiple phases over several years, requiring a long-term commitment of both public and private resources.

(2) Such developments often create community impacts and opportunities that are difficult to accommodate within traditional zoning processes.

(3) Because of their scale and duration, such projects often require careful coordination of public capital facilities planning, financing, and construction schedules and phasing of the private development.

(4) Such projects involve substantial commitments of private capital, which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development.

(5) Such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing impacts on the surrounding areas.

(6) To better structure and manage development approvals for such developments and ensure their proper integration into local capital facilities programs, local governments need flexibility to negotiate such developments.

(b) Local governments may enter into development agreements with developers, subject to the procedures of this Article. In entering into such agreements, a local government may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law.

(c) This Article is supplemental to the powers conferred upon local governments and does not preclude or supersede rights and obligations established pursuant to other law regarding development approvals, site-specific vesting plans, or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the State Building Code or State or local housing codes that are not part of the local government's development regulations. When the governing board approves the rezoning of any property associated with a development agreement executed and recorded pursuant to this Article, the provisions of G.S. 160D-605(a) apply.

(d) Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property, including laws governing permitted uses of the property, density, intensity, design, and improvements.
N.C. Gen. Stat. § 1-529 — NC Code / Chapter 1 / Section 1-529
§ 1-529. Appeal; bonds of parties
Status: in_force

No appeal by the defendant to the appellate division from the judgment of the superior court in such action shall stay the execution of the judgment, unless a justified undertaking is executed on the part of the appellant by one or more sureties, in a sum to be fixed by the court, conditioned that the appellant will pay to the party entitled to the same the salary, fees, emoluments and all moneys whatsoever received by the appellant by virtue or under color of the office. In no event shall the judgment be executed pending appeal, unless a justified undertaking is executed on the part of the appellee by one or more persons in a sum to be fixed by the court, conditioned that the appellee will pay to the party entitled to the same the salary, fees, emoluments and all moneys whatsoever received by the appellee by virtue or under color of office during his occupancy thereof.
N.C. Gen. Stat. § 50-11-1 — NC Code / Chapter 50 / Section 50-11-1
§ 50-11.1. Children born of voidable marriage legitimate
Status: in_force

A child born of voidable marriage or a bigamous marriage is legitimate notwithstanding the annulment of the marriage.
N.C. Gen. Stat. § 77-140 — NC Code / Chapter 77 / Section 77-140
§ 77-140. Definitions
Status: in_force

The following definitions apply in this Article:

(1) “Board of directors” has the same meaning as in G.S. 55A-1-40 .

(2) “ Falls Lake watershed ” means those natural areas of drainage including all tributaries contributing to the supply of Falls Lake, the specific limits of which are designated by the Environmental Management Commission pursuant to G.S. 143-213 .

(3) “ Local government ” means a county, city, town, or incorporated village that is located in whole or in part within the Falls Lake watershed. Local government also includes any water or sewer authority that is created pursuant to Article 1 of Chapter 162A of the General Statutes that provides service within the Falls Lake watershed.

(4) “Nonprofit corporation” has the same meaning as in G.S. 55A-1-40 .
N.C. Gen. Stat. § 1-62 — NC Code / Chapter 1 / Section 1-62
§ 1-62. Action by purchaser under judicial sale
Status: in_force

Anyone given possession under a judicial sale confirmed, where the title is retained as a security for the price, is the legal owner of the property for all purposes of bringing suits for injuries thereto, after the day of sale, by trespass or wrongful possession, in the same manner as if the title had been conveyed to him on day of sale, unless restrained by some order of the court directing the sale; and the suit brought is under the control of the court ordering the sale.