Supplement to North Carolina Certification for

Clean Air Act Section 110(a)(2)(E)(ii) 1

Section 128(a)(2) Requirements for Administrative Law Judges July 27, 2015

Supplement to

North Carolina Certification for

Clean Air Act Section 110(a)(2)(E)(ii)

By

The North Carolina Department of Environment and Natural Resources

Division of Air Quality

On February 5, 2013, the North Carolina Division of Air Quality (DAQ) submitted a certification to the 

U.S. Environmental Protection Agency (EPA) stating that North Carolina has satisfied Clean Air Act 

Section 110(a)(2)(E)(ii) infrastructure state implementation plan (SIP) requirements for the 1997 8-hour 

ozone national ambient air quality standards1. The EPA notified the DAQ that additional information is 

needed to address Section 128(a)(2) requirements for the board or body that makes the final agency 

decision on contested permit or enforcement actions. Section 128(a)(2) states that any potential conflicts 

of interest by members of such board or body be adequately disclosed. The purpose of this SIP 

supplement is to demonstrate the means by which disclosure requirements are met for the Chief 

Administrative Law Judge and the administrative law judges of the Office of Administrative Hearings 

(OAH) that make the final agency decision. 

Chapter 7A of the North Carolina General Statutes (NCGS) contains provisions related to OAH. §7A-754 

states the following regarding the qualifications, standards of conduct, and removal of OAH law judges:

“The Chief Administrative Law Judge and the administrative law judges shall comply with the 

Model Code of Judicial Conduct for State Administrative Law Judges, as adopted by the National 

Conference of Administrative Law Judges, Judicial Division, American Bar Association, (revised 

August 1998), as amended from time to time, except that the provisions of this section shall 

control as to the private practice of law in lieu of Canon 4G, and G.S. 126-13 shall control as to 

political activity in lieu of Canon 5.”

We are requesting that the above paragraph be adopted into the North Carolina SIP. The Model Code of 

Judicial Conduct referenced in this portion of the general statue was initially endorsed by the National 

Conference of Administrative Law Judges in August 1995, and revised later in August 1998. We believe 

the ethical standards for administrative law judges contained in this Code of Conduct satisfies Section 

128(a)(2) requirements. The full text of NCGS 7A-754 and the model code are provided in Attachment A 

as reference material.

In conclusion, we believe adequate provisions are in place to assure compliance with Section 128(a)(2) 

for Administrative Law Judges.

 

1 http://ncair.org/planning/cert/
ATTACHMENT A 

REFERENCED NORTH CAROLINA GENERAL STATUTES AND 

MODEL CODE OF JUDICIAL CONUDCT FOR STATE ADMINISTRATIVE LAW JUDGES 
Chapter 7A

Judicial Department

SUBCHAPTER XII. ADMINISTRATIVE HEARINGS

Article 60

Office of Administrative Hearings

 

§ 7A-754. Qualifications; standards of conduct; removal. 

Only persons duly authorized to practice law in the General Court of Justice shall be eligible for 

appointment as the Director and chief administrative law judge or as an administrative law judge in the 

Office of Administrative Hearings. The Chief Administrative Law Judge and the administrative law judges 

shall comply with the Model Code of Judicial Conduct for State Administrative Law Judges, as adopted by 

the National Conference of Administrative Law Judges, Judicial Division, American Bar Association, (revised 

August 1998), as amended from time to time, except that the provisions of this section shall control as to 

the private practice of law in lieu of Canon 4G, and G.S. 126-13 shall control as to political activity in lieu of 

Canon 5. Failure to comply with the applicable provisions of the Model Code may constitute just cause for 

disciplinary action under Chapter 126 of the General Statutes and grounds for removal from office. Neither 

the chief administrative law judge nor any administrative law judge may engage in the private practice of 

law as defined in G.S. 84-2.1 while in office; violation of this provision shall constitute just cause for 

disciplinary action under Chapter 126 of the General Statutes and shall be grounds for removal from office. 

Each administrative law judge shall take the oaths required by Chapter 11 of the General Statutes. An 

administrative law judge may be removed from office by the Director of the Office of Administrative 

Hearings for just cause, as that term is used in G.S. 126-35 and this section. (1985, c. 746, s. 2; 1985 (Reg. 

Sess., 1986), c. 1022, s. 6(1), 6(3); 1991, c. 103, s. 1; 2000-190, s. 3.)

 
Chapter 126 

North Carolina Human Resources Act 

Article 5

Political Activity of Employees

§ 126-13. Appropriate political activity of State employees defined. 

(a) As an individual, each State employee retains all the rights and obligations of citizenship provided 

in the Constitution and laws of the State of North Carolina and the Constitution and laws of the United 

States of America; however, no State employee subject to the North Carolina Human Resources Act or 

temporary State employee shall:

(1) Take any active part in managing a campaign, or campaign for political office or 

otherwise engage in political activity while on duty or within any period of time during 

which he is expected to perform services for which he receives compensation from the 

State;

(2) Otherwise use the authority of his position, or utilize State funds, supplies or vehicles 

to secure support for or oppose any candidate, party, or issue in an election involving 

candidates for office or party nominations, or affect the results thereof.

(b) No head of any State department, agency, or institution or other State employee exercising 

supervisory authority shall make, issue, or enforce any rule or policy the effect of which is to interfere with 

the right of any State employee as an individual to engage in political activity while not on duty or at times 

during which he is not performing services for which he receives compensation from the State. A State 

employee who is or may be expected to perform his duties on a twenty-four hour per day basis shall not 

be prevented from engaging in political activity except during regularly scheduled working hours or at other 

times when he is actually performing the duties of his office. The willful violation of this subdivision shall be 

a Class 1 misdemeanor. (1967, c. 821, s. 1; 1985, c. 469, s. 1; c. 617, s. 5; 1993, c. 539, s. 930; 1994, Ex. 

Sess., c. 24, s. 14(c); 2013-382, s. 9.1(c).)

 

























ATTACHMENT B 

PUBLIC NOTICE REPORT, COMMENTS 

RECEIVED AND RESPONSES 
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Public Notice Report, Comments Received and Responses 1

Supplement to North Carolina Certification for Clean Air Act Section 110(a)(2)(E)(ii) Attachment B

Section 128(a)(2) Requirements for Administrative Law Judges July 27, 2015

Public Notice Report

For the

Supplement to North Carolina Certification for

Clean Air Act Section 110(a)(2)(E)(ii)

Introduction

On June 19, 2015, a pre-hearing version of the “Supplement to 1997 8-hour Ozone 110(a) 

Infrastructure Certification of Element 110(a)(2)(E)(ii)” was released for public comment. A 

request for public hearing, in accordance with 40 CFR 51.102, and the public comment period 

were posted on the North Carolina Division of Air Quality (DAQ) website, as well as being 

distributed via email to stakeholder lists managed by the DAQ. The public comment period was 

open from June 19, 2015 through July 20, 2015. No requests for a public hearing were received. 

The public comment period elicited comments from the United States Environmental Protection 

Agency (EPA).

Background

See narrative. 

Summary of Public Comment Period

EPA comment: We have completed our review of the prehearing submittal and offer no 

comments at this time.

DAQ response: The DAQ acknowledges this comment. No revisions are required.

Attachments to Public Notice Report

1) Written comments from R. Scott Davis, Chief of the Air Planning and Implementation 

Branch, EPA, dated June 29, 2015.

3) Public Notice Announcement by the North Carolina Department of Environment and 

Natural Resources.