FrankGoortani/open-us-law huggingface dataset:
N.C. Gen. Stat. § 131E-102 — NC Code / Chapter 131E / Section 131E-102
§ 131E-102. Licensure requirements
Status: in_force

(a) No person shall operate a nursing home without a license obtained from the Department. Any person may operate a nursing home or a combination home, as defined in this Part, in the same building or in two or more buildings adjoining or next to each other on the same site. Both a nursing home and a combination home must be licensed by the Department under this Part.

(b) Applications shall be available from the Department, and each application filed with the Department shall contain all necessary and reasonable information that the Department may by rule require. A license shall be granted to the applicant upon a determination by the Department that the applicant has complied with the provisions of this Part and the rules promulgated under this Part. The Department shall charge the applicant a nonrefundable annual license fee in the amount of four hundred twenty dollars ($420.00) plus a nonrefundable annual per-bed fee of seventeen dollars and fifty cents ($17.50).

(c) A license to operate a nursing home shall be annually renewed upon the filing and the Department's approval of the renewal application. A license shall not be renewed if outstanding fees and penalties imposed by the State against the home have not been paid. Fines and penalties for which an appeal is pending are exempt from consideration. The renewal application shall be available from the Department and shall contain all necessary and reasonable information that the Department may by rule require.

(d) Each license shall be issued only for the premises and persons named in the application and shall not be transferable or assignable except with the written approval of the Department.

(e) In order for a nursing home to maintain its license it shall not intentionally impede the proper performance of the duties of a lawfully appointed community advisory committee as set forth in G.S. 131E-128(h) .
N.C. Gen. Stat. § 58-67-171 — NC Code / Chapter 58 / Section 58-67-171
§ 58-67-171. Other laws applicable to HMOs
Status: in_force

The following provisions of this Chapter are applicable to HMOs that are subject to this Article are as follows:

G.S. 58-2-125.․․․․․․․․․․․․

Authority over all insurance companies; no exemptions from license.

G.S. 58-2-150.․․․․․․․․․․․․

Oath required for compliance with law.

G.S. 58-2-155.․․․․․․․․․․․․

Investigation of charges.

G.S. 58-2-160.․․․․․․․․․․․․

Reporting and investigation of insurance and reinsurance fraud and the financial condition of licensees; immunity from liability.

G.S. 58-2-162․․․․․․․․․․․․․

Embezzlement by insurance producers or administrators.

G.S. 58-2-185․․․․․․․․․․․․․

Record of business kept by companies and insurance producers; Commissioner may inspect.

G.S. 58-2-190․․․․․․․․․․․․․

Commissioner may require special reports.

G.S. 58-2-195․․․․․․․․․․․․․

Commissioner may require records, reports, etc., for agencies, insurance producers, and others.

G.S. 58-2-200.․․․․․․․․․․․․

Books and papers required to be exhibited.

G.S. 58-3-50.․․․․․․․․․․․․․

Companies must do business in own name; emblems, insignias, etc.

G.S. 58-3-100(c),(e).․․․․․

Insurance company licensing provisions.

G.S. 58-3-115.․․․․․․․․․․․․

Twisting with respect to insurance policies; penalties.

G.S. 58-7-21.․․․․․․․․․․․․․

Credit allowed a domestic ceding insurer.

G.S. 58-7-26.․․․․․․․․․․․․․

Asset or reduction from liability for reinsurance ceded by a domestic insurer to an assuming insurer not meeting the requirements of G.S. 58-7-21.

G.S. 58-7-30.․․․․․․․․․․․․․

Insolvent ceding insurer.

G.S. 58-7-31.․․․․․․․․․․․․․

Life and health reinsurance agreements.

G.S. 58-7-46.․․․․․․․․․․․․․

Notification to Commissioner for president or chief executive officer changes.

G.S. 58-7-73.․․․․․․․․․․․․․

Dissolution of insurers.

Part 7 of Article 10. 1

Annual Financial Reporting.

G.S. 58-50-35.․․․․․․․․․․․․

Notice of nonpayment of premium required before forfeiture.

G.S. 58-51-15(a)(2)b.․․․․․

Accident and health policy provisions.

G.S. 58-51-17.․․․․․․․․․․․․

Portability for accident and health insurance.

G.S. 58-51-25.․․․․․․․․․․․․

Policy coverage to continue as to children with an intellectual or physical disability or dependent students on medically necessary leave of absence.

G.S. 58-51-35.․․․․․․․․․․․․

Insurers and others to afford coverage to children with an intellectual or physical disability.

G.S. 58-51-45.․․․․․․․․․․․․

Policies to be issued to any person possessing the sickle-cell trait or hemoglobin C trait.

G.S. 58-62.․․․․․․․․․․․․․․․

Life and Health Insurance Guaranty Association.
N.C. Gen. Stat. § 44A-24-3 — NC Code / Chapter 44A / Section 44A-24-3
§ 44A-24.3. Commercial real estate lien
Status: in_force

(a) A broker shall have a lien upon commercial real estate in the amount that the broker is due under a written agreement for broker services signed by the owner or signed by the owner's duly authorized agent, if:

(1) The broker has performed under the provisions of the agreement;

(2) The written agreement for broker services clearly sets forth the broker's duties to the owner; and

(3) The written agreement for broker services sets forth the conditions upon which the compensation shall be earned and the amount of such compensation.

(b) The lien under this section shall be available only to the broker named in the instrument signed by the owner or the owner's duly authorized agent. A lien under this section shall be available only against the commercial real estate which is the subject of the written agreement for broker services.

(c) When payment of commission to a broker is due in installments, a portion of which is due only after the conveyance or transfer of the commercial real estate, any notice of lien for those payments due after the transfer or conveyance may be recorded at any time subsequent to the transfer or conveyance of the commercial real estate and within 90 days of the date on which the payment is due. The notice of lien shall be effective as a lien against the owner's interest in the commercial real estate only to the extent funds are owed to the owner by the transferee, but the lien shall be effective as a lien against the transferee's interest in the commercial real estate. A single claim for lien filed prior to transfer or conveyance of the commercial real estate claiming all commissions due in installments shall also be valid and enforceable as it pertains to payments due after the transfer or conveyance; provided, however, that as payments or partial payments of commission are received, the broker shall provide partial releases for those payments, thereby reducing the amount due the broker under the broker's lien.
N.C. Gen. Stat. § 54-109-22 — NC Code / Chapter 54 / Section 54-109-22
§ 54-109.22. Incidental powers
Status: in_force

A credit union may exercise such incidental powers such as are necessary or requisite to enable it to promote and carry on most effectively its purposes.
N.C. Gen. Stat. § 18C-111 — NC Code / Chapter 18C / Section 18C-111
§ 18C-111. Commission membership; appointment; selection of chair; vacancies; removal; meetings; compensation
Status: reserved

(a) The Commission shall consist of nine members, five of whom shall be appointed by the Governor, two of whom shall be appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate, and two of whom shall be appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives. Commissioners may be removed by the appointing authority for cause. The Governor shall select the chair of the Commission from among its membership, who shall serve at the pleasure of the Governor.

(b) Of the initial appointees of the Governor, three members shall serve a term of one year, one member shall serve a term of two years, and one member shall serve a term of three years. Of the initial appointees of the General Assembly upon the recommendation of the President Pro Tempore of the Senate, one member shall serve a term of two years, and one member shall serve a term of three years. Of the initial appointees of the General Assembly upon the recommendation of the Speaker of the House of Representatives, one member shall serve a term of two years, and one member shall serve a term of three years. All succeeding appointments shall be for terms of five years. Members shall not serve for more than two successive terms.

(c) Vacancies shall be filled by the appointing authority for the unexpired portion of the term in which they occur.

(d) The Commission shall meet at least quarterly upon the call of the chair. A majority of the total membership of the Commission shall constitute a quorum.

(e) Members of the Commission shall receive per diem, subsistence, and travel as provided in G.S. 138-5 and G.S. 138-6 .
N.C. Gen. Stat. § 160B-5 — NC Code / Chapter 160B / Section 160B-5
§ 160B-5. Definition of urban service districts to replace municipalities abolished subsequent to consolidation
Status: in_force

The governing board, by resolution, may define an urban service district within the boundaries of any municipality within the consolidated city-county the citizens of which, subsequent to the establishment of the consolidated city-county, have voted in a referendum to abolish their municipality and consolidate its powers, duties, rights, privileges and immunities with those of the consolidated city-county. An urban service district so defined shall comprise the total area of the municipality as it existed immediately before the effective date of its abolition. The resolution shall take effect at the beginning of the fiscal year next occurring after its adoption.
N.C. Gen. Stat. § 84A-1 — NC Code / Chapter 84A / Section 84A-1
§ 84A-1. License to practice as a foreign legal consultant
Status: in_force

(a) The North Carolina Supreme Court may issue a license to practice in the form of a certificate of registration as a foreign legal consultant to any applicant who satisfies all of the following requirements:

(1) Has been admitted to practice as an attorney, or the equivalent thereof, in a foreign country for at least five years as of the date of application for a certificate of registration;

(2) Possesses the character, ethical, and moral qualifications required of a member of the North Carolina State Bar;

(3) Intends to practice in the State as a foreign legal consultant and intends to maintain an office in the State for this practice;

(4) Is at least 21 years of age;

(5) Has been actively and substantially engaged in the practice of law or a profession or occupation that requires admission to the practice of law, or the equivalent thereof, in the foreign country in which the applicant holds a license for at least five of the seven years immediately preceding the date of application for a certificate of registration and is in good standing as an attorney, or the equivalent thereof, in that country; and

(6) Obtains a certificate of registration as a foreign legal consultant pursuant to G.S. 84A-3 .

(b) An applicant is not required to take an examination to be licensed under this Chapter.

(c) As used in this section, “foreign country” means any country other than the United States of America. “Foreign country” includes Puerto Rico, Guam, the Virgin Islands, and the possessions of the United States.
N.C. Gen. Stat. § 85B-7-1 — NC Code / Chapter 85B / Section 85B-7-1
§ 85B-7.1. Handling clients' funds
Status: in_force

(a) Each licensee who does not disburse all funds to the seller on auction day shall maintain a trust or escrow account and shall deposit in the account all funds that are received for the benefit of another person and are not disbursed to the seller on auction day. The licensee shall deposit funds that are not disbursed on auction day with a federally insured depository institution or a trust institution authorized to do business in this State. At or before the time of all final settlements, the auctioneer shall provide the seller or consignor with a settlement statement, which includes a description of all goods sold, the selling price of the goods sold, the net proceeds due to the seller or consignor, the name and address of the person receiving the disbursement, and the amount of the disbursement. All settlement statements shall be signed by the licensee or the licensee's agent and by the person receiving the disbursement.

(b) Each licensee shall maintain, for not less than five years, complete records showing the deposit, maintenance, and withdrawal of trust or escrow funds and the disbursement of funds on auction day. Records of the disbursement of funds on auction day shall include a copy of each receipt or settlement statement issued when the funds were disbursed. The Commission or its designated agent may inspect these records periodically, without prior notice, and may also inspect these records whenever the Commission determines that they are pertinent to an investigation of any specific complaint against a licensee.
N.C. Gen. Stat. § 75A-10 — NC Code / Chapter 75A / Section 75A-10
§ 75A-10. Operating vessel or manipulating water skis, etc., in reckless manner; operating, etc., while intoxicated, etc.; depositing or discharging litter, etc.
Status: in_force

(a) No person shall operate any motorboat or vessel, or manipulate any water skis, surfboard, or similar device on the waters of this State in a reckless or negligent manner so as to endanger the life, limb, or property of any person.

(b) No person shall manipulate any water skis, surfboard, nonmotorized vessel, or similar device on the waters of this State while under the influence of an impairing substance.

(b1) No person shall operate any vessel while underway on the waters of this State:

(1) While under the influence of an impairing substance, or

(2) After having consumed sufficient alcohol that the person has, at any relevant time after the boating, an alcohol concentration of 0.08 or more.

(b2) The fact that a person charged with violating this subsection is or has been legally entitled to use alcohol or a drug is not a defense to a charge under subsections (b) and (b1) of this section. The relevant definitions contained in G.S. 20-4.01 shall apply to subsections (b), (b1), and (b2) of this section.

(b3) A person who violates a provision of subsection (a) or (b) of this section is guilty of a Class 2 misdemeanor.

(b4) A person who violates subsection (b1) of this section is guilty of a Class 2 misdemeanor, and upon conviction, in addition to any other penalty imposed, shall be fined not less than two hundred fifty dollars ($250.00).

(c) No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State, any litter, raw sewage, bottles, cans, papers, or other liquid or solid materials which render the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes.

(d) No person shall place, throw, deposit, or discharge or cause to be placed, thrown, deposited, or discharged on the waters of this State or into the inland lake waters of this State any medical waste as defined by G.S. 130A-290 which renders the waters unsightly, noxious, or otherwise unwholesome so as to be detrimental to the public health or welfare or to the enjoyment and safety of the water for recreational purposes.

(e) A person who willfully violates subsection (d) of this section is guilty of a Class 1 misdemeanor. A person who willfully violates subsection (d) of this section and in so doing releases medical waste that creates a substantial risk of physical injury to any person who is not a participant in the offense is guilty of a Class F felony which may include a fine not to exceed fifty thousand dollars ($50,000) per day of violation.
N.C. Gen. Stat. § 90-270-46 — NC Code / Chapter 90 / Section 90-270-46
§ 90-270.46. Policy and purpose
Status: in_force

Marriage and family therapy in North Carolina is a professional practice that affects the public safety and welfare and requires appropriate licensure and control in the public interest.

It is the purpose of this Article to establish a licensure agency, a structure, and procedures that will (i) ensure that the public has a means of protecting itself from the practice of marriage and family therapy by unprofessional, unauthorized, and unqualified individuals, and (ii) protect the public from unprofessional, improper, unauthorized and unqualified use of certain titles by persons who practice marriage and family therapy. This Article shall be liberally construed to carry out these policies and purposes.
N.C. Gen. Stat. § 35A-1205 — NC Code / Chapter 35A / Section 35A-1205
§ 35A-1205. Transfer to different county
Status: reserved

At any time before or after appointing a guardian for a minor or incompetent person the clerk may, on a motion filed in the cause or on the court's own motion, for good cause order that the matter be transferred to a different county. The transferring clerk shall enter a written order directing the transfer under such conditions as the clerk specifies. The clerk in the transferring county shall transfer all original papers, documents, and orders from the guardianship and the incompetency proceeding, if any, to the clerk of the transferee county, along with the order directing the transfer. The clerk in the transferee county shall docket and file the papers in the estates division as a basis for jurisdiction in all subsequent proceedings. The clerk in the transferring county shall close his file with a copy of the transfer order and any order adjudicating incompetence or appointing a guardian.
N.C. Gen. Stat. § 15A-266-11 — NC Code / Chapter 15A / Section 15A-266-11
§ 15A-266.11. Unauthorized uses of DNA Databank; penalties
Status: in_force

(a) Any person who has possession of, or access to, individually identifiable DNA information contained in the State DNA Database or Databank and who willfully discloses it in any manner to any person or agency not entitled to receive it is guilty of a Class H felony.

(b) Any person who, without authorization, willfully obtains individually identifiable DNA information from the State DNA Database or Databank is guilty of a Class H felony.
N.C. Gen. Stat. § 143C-8-5 — NC Code / Chapter 143C / Section 143C-8-5
§ 143C-8-5. Six-year capital improvements plan
Status: in_force

(a) General.--The State capital improvement plan shall address the long-term capital improvement needs of all State government agencies and shall incorporate all capital projects, however financed, proposed to meet those needs, except that transportation infrastructure projects shall be excluded. On or before December 31 of each even-numbered year, the Director of the Budget shall prepare and transmit to the General Assembly a six-year capital improvement plan. When preparing the plan, the Director of the Budget shall consider the capital improvement needs estimates submitted by State agencies as required in G.S. 143C-8-4 . The plan shall be prepared in two parts.

(b) Repair and Renovations Requirements.--The first part of the capital improvement plan shall set forth repair and renovations requirements that, in the judgment of the Director of the Budget, should be met within each year of the six-year planning period to protect and preserve existing capital improvement facilities. The plan shall identify individual projects in priority order by State agency and shall specify the means of financing.

(c) Real Property Acquisition, New Construction, or Facility Rehabilitations.--The second part of the capital improvement plan shall set forth an integrated schedule for real property acquisition, new construction, or rehabilitation of existing facilities that, in the judgment of the Director of the Budget, should be initiated within each year of the six-year planning period. The plan shall contain for each project (i) estimates of real property acquisition, and construction or rehabilitation costs, (ii) a means of financing the project, (iii) an estimated schedule for the completion of the project, and (iv) an estimate of maintenance and operating costs, including personnel, for the project, covering the first five years of operation. Where the means of financing would involve direct or indirect debt service obligations, a schedule of those obligations shall be presented.
N.C. Gen. Stat. § 25-9-333 — NC Code / Chapter 25 / Section 25-9-333
§ 25-9-333. Priority of certain liens arising by operation of law
Status: in_force

(a) “Possessory lien.” -- In this section, “ possessory lien ” means an interest, other than a security interest or an agricultural lien:

(1) Which secures payment or performance of an obligation for services or materials furnished with respect to goods by a person in the ordinary course of the person's business;

(2) Which is created by statute or rule of law in favor of the person; and

(3) Whose effectiveness depends on the person's possession of the goods.

(b) Priority of possessory lien. -- A possessory lien on goods has priority over a security interest in the goods unless the lien is created by a statute that expressly provides otherwise.
N.C. Gen. Stat. § 30-3-6 — NC Code / Chapter 30 / Section 30-3-6
§ 30-3.6. Waiver of rights
Status: in_force

(a) The right of a surviving spouse to claim an elective share may be waived, wholly or partially, before or after marriage, with or without consideration, by a written waiver signed by the surviving spouse, by the surviving spouse's attorney-in-fact if the surviving spouse's power of attorney expressly authorizes the attorney-in-fact to do so or to generally engage in estate transactions, or, with approval of court, by the guardian of the surviving spouse's estate or general guardian.

(b) A waiver is not enforceable if the surviving spouse proves that:

(1) The waiver was not executed voluntarily; or

(2) The surviving spouse or the surviving spouse's representative making the waiver was not provided a fair and reasonable disclosure of the property and financial obligations of the decedent, unless the surviving spouse waived, in writing, the right to that disclosure.

(c) A written waiver that would have been effective to waive a spouse's right to dissent in estates of decedents dying on or before December 31, 2000, under Article 1 of Chapter 30 of the General Statutes is effective to waive that spouse's right of elective share under this Article for estates of decedents dying on or after January 1, 2001.