reglab/statecodes huggingface dataset:
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0100 - GENERAL › Section 04 .0106 - INVESTIGATION REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Civil
				Rights Division shall investigate all charges filed pursuant to this
				Section.
(b) A civil rights
				investigator shall prepare an investigative memorandum setting out the findings
				and the conclusions of the Civil Rights Division's investigation based on the
				allegations and appropriate statutes.
(c) The Civil Rights Division shall determine
				whether there is probable cause to believe the alleged discrimination has
				occurred.
(d) A civil rights
				investigator shall conduct a pre-decision interview with the charging party
				prior to the issuance of the Civil Rights Division's decision.
(e) Upon completion of the investigation the
				civil rights director shall issue a decision that shall be served on the
				charging party and respondent by US mail.
(f) If the investigation results in a
				determination that there is no probable cause to believe the alleged
				discrimination has occurred, the Civil Rights Division's director shall inform
				the charging party of the rights of appeal to the Equal Employment Opportunity
				Commission.
(g) If the
				investigation results in a determination that there is probable cause to
				believe the alleged discrimination has occurred, the civil rights director
				shall invite the parties to participate in pre-settlement discussions and
				attempt conciliation.
Authority
				  G.S.
				  7A-759;
Temporary Rule Eff.
				  October 15, 1986 for a Period of 120 Days to Expire on February 11,
				  1987;
Eff. February 1, 1987;
Amended Eff. November 1,
				  2012; April 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0100 - GENERAL › Section 04 .0107 - CONCILIATION AND SETTLEMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				A civil rights investigator shall contact the charging party and the respondent
				to schedule a settlement conference with the Civil Rights Division director and
				compliance manager within 10 days of the service of the decision that there is
				probable cause to believe discrimination has occurred upon the
				parties.
(b) Where a settlement is
				reached among the charging party, the respondent and the Civil Rights Division,
				an agreement shall be prepared by the investigator and executed by the
				parties.
(c) Upon notification to
				the Civil Rights Division by the respondent that all provisions of the
				settlement agreement have been met, the compliance manager shall close the
				charge.
(d) The compliance manager
				shall forward the settlement documents to the Equal Employment Opportunity
				Commission and the Civil Rights Division director shall notify the parties that
				the charge is closed.
(e) If
				conciliation is unsuccessful the charging party must make a declaration of
				intent within seven days of how to proceed with the charge. The charging party
				may:
(1) File a petition for a contested case
				hearing with the Hearings Division of the Office of Administrative
				Hearings;
(2) Request that the case
				be forwarded to the Equal Employment Opportunity Commission for further
				conciliation;
(3) Request a notice
				of right-to-sue from the Equal Employment Opportunity Commission for the
				purpose of filing in Federal District Court; or
(4) Choose not to pursue the matter any
				further.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0100 - GENERAL › Section 04 .0108 - CONTESTED CASE HEARING

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Any
				determination of probable cause that has not resulted in conciliation may be
				heard by an Administrative Law Judge. The charging party shall commence the
				proceedings by filing a petition for a contested case hearing.
(b) The Administrative Law Judge shall enter
				a stay in contested cases where there is a companion employment discrimination
				charge under investigation by the Civil Rights Division. The Civil Rights
				Division director shall notify the judge's assistant when the companion case is
				closed.
(c) The Civil Rights
				Division's investigative file, shall be made available to all parties, upon
				request, as provided in Section 83 of the EEOC Compliance Manual, Volume 1
				(October, 1987) incorporated herein by reference as well as subsequent
				amendments thereto. Copies of Section 83 are available upon request from the
				Office of Administrative Hearings, 6714 Mail Service Center, Raleigh, NC
				27699-6714 at no charge.
Authority
				  G.S.
				  7A-759;
				  150B-21.6;
				  150B-26;
				  150B-33;
Temporary
				  Rule Eff. October 15, 1986 for a Period of 120 Days to Expire on February 11,
				  1987;
Eff. February 1, 1987;
Amended Eff. November 1,
				  2012; December 1, 1999; August 2, 1993; July 1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0100 - GENERAL › Section 04 .0109 - REPEALED - AUTHORITY TO ADMINISTER OATHS OR AFFIRMATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  7A-759;
				  150B-11;
Eff. April
				  1, 1989;
Repealed Eff. November 1,
				  2012.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0100 - GENERAL › Section 04 .0110 - SUBPOENAS

Current through Register Vol. 39, No. 2, July 15, 2024
If any subpoena, including a subpoena ducus tecum, is
				  required for the proper investigation of a charge, the Director or any employee
				  of the Civil Rights Division may apply to the Chief Administrative Law Judge
				  for issuance of the subpoena under the authority of
				  G.S.
				  7A-756(2). The subpoena
				  shall issue in the discretion of the Chief Administrative Law
				  Judge.
Authority
				  G.S.
				  7A-756;
				  150B-11;
Eff. April
				  1, 1989;
Pursuant to
				  G.S.
				  150B-21.3A, rule is necessary without
				  substantive public interest Eff. July 23,
				  2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 04 - CIVIL RIGHTS DIVISION › Section .0200 - POLITICAL DISCRIMINATION COMPLAINTS › Section 04 .0201-.0204

Current through Register Vol. 39, No. 2, July 15, 2024
Authority
				  G.S.
				  7A-751;
				  126-14.4;
				  150B-2;
Temporary
				  Adoption Eff. January 1, 1998;
Eff. August 1, 1998;
Amended Eff. October 1, 2008; December 1, 1999; August 1, 1998;
Repealed Eff. August 21, 2013 [See S.L. 2013-382,
				  s.7.6].
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0101 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
As used in this Chapter the following terms have the
				  following meanings unless the context indicates otherwise:
(1) "Commission" or "RRC" means the Rules
				Review Commission as established in
				G.S.
				143B-30.1.
(2) "Objection letter" means any letter or
				other written correspondence from the public pursuant to
				G.S.
				150B-21.3(b2) objecting to a
				rule and requesting review of the rule by the General Assembly filed with the
				Rules Review Commission while the rule is under review by the Rules Review
				Commission.
(3) "Review" means the
				statutory "Part 3. Review by Commission" at
				G.S.
				150B-21.8 and following including the RRC
				action as set out in
				G.S.
				150B-21.10.
(4) "Rewritten rules" mean rules that have
				been revised in an attempt to satisfy an objection by the Commission.
(5) "Technical Changes" mean the changes made
				by an agency to reply to a request from the Commission or its staff as set out
				in G.S.
				150B-21.10. Technical changes shall not
				result in a substantive change in the meaning, interpretation, or application
				of a rule and include the following categories of changes:
(a) Correcting errors of a general nature
				including:
(i) obvious typographical errors,
				misspellings, punctuation, and grammatical errors;
(ii) preferred English or legal
				usage;
(iii) errors in complying
				with OAH or, perhaps, statutory requirements that are not substantive errors;
				and
(iv) proof of compliance with
				the legally required process.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0102 - COMMUNICATIONS WITH COMMISSIONERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				Any person who wishes to address the Commission or individual commissioners
				shall comply with Rules .0103, .0104, and .0105 of this Chapter.
(b) The Rules Review Commission does not
				encourage oral communications with individual commissioners regarding rules
				before the commission. However, to the extent that any individual commissioner
				allows oral communications, then such communication is permitted.
Authority
				  G.S.
				  143B-30.1;
Eff. August 1,
				  2008.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0103 - SUBMISSION OF WRITTEN COMMENTS CONCERNING PERMANENT RULES TO THE RRC

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Written comments submitted by any person
				concerning a permanent rule shall be received by the RRC staff by 5:00 p.m. of
				the fifth business day prior to the RRC meeting at which the permanent rule is
				to be reviewed. If comments are submitted electronically, the comments shall be
				sent to rrc.comments@oah.nc.gov.
(b) Written comments shall state how a rule
				either complies with or fails to comply with the statutory grounds for the
				RRC's review set out in
				G.S.
				150B-21.9.
(c) Persons submitting comments shall also
				submit a copy of the comments at the same time and in the same manner to the
				agency's rulemaking coordinator. Rulemaking coordinator contact information is
				located at www.ncoah.com/rules.
(d)
				A person or agency may submit rebuttal comments concerning permanent rules.
				Comments from a person shall be submitted in the same manner as set out in
				Paragraph (a) of this Rule prior to 5:00 p.m. of the business day before the
				RRC meeting at which the rule is to be reviewed. An agency may submit rebuttal
				comments before or at the RRC meeting.
(e) Any person submitting written comments or
				submitting rebuttal comments at an RRC meeting shall submit sufficient copies
				for each of the Commissioners, commission counsel, agency rulemaking
				coordinator, and the permanent record, a total of 16 copies.
(f) The Chair may waive the requirements of
				this Rule based on the factors in Rule .0112 of this Chapter.
(g) Written commentsnot submitted in
				accordance with this Rule are subject to being excluded from the record by the
				Commission.
Authority
				  G.S.
				  143B-30.1;
Eff. August 1,
				  2008;
Amended Eff. May 1, 2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0104 - SUBMISSION OF WRITTEN COMMENTS CONCERNING TEMPORARY RULES TO THE RRC

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Written comments submitted by any person
				concerning a temporary rule shall be received by the RRC staff by 5:00 p.m. the
				business day prior to the RRC meeting at which the temporary rule is to be
				reviewed. If comments aresubmitted electronically, the comments shall be sent
				to rrc.comments@oah.nc.gov.
(b)
				Written comments shall state how a rule either complies with or fails to comply
				with the statutory grounds for the RRC's review set out in
				G.S.
				150B-21.1 and
				G.S.
				150B-21.9.
(c) Persons submitting comments shall also
				submit a copy of the comments at the same time and in the same manner to the
				agency's rulemaking coordinator. Rulemaking coordinator contact information is
				located at www.ncoah.com/rules.
(d)
				A person or agency may submit rebuttal comments concerning temporary rules. An
				agency may submit rebuttal comments at the RRC meeting.
(e) Any person submitting written comments or
				rebuttal comments at an RRC meeting shall submit sufficient copies for each of
				the Commissioners, commission counsel, agency rulemaking coordinator, and the
				permanent record, a total of 16 copies.
(f) The Chair may waive the requirements of
				this Rule based on the factors in Rule .0112 of this Chapter.
(g) Written commentsnot submitted in
				accordance with this Rule are subject to being excluded from the record by the
				Commission.
Authority
				  G.S.
				  143B-30.1;
Eff. August 1,
				  2008;
Amended Eff. May 1, 2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0105 - REQUIRED NOTICE PRIOR TO ORAL RRC PRESENTATION

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The Chair may allow an agency or any person to make oral statements in support
				of or in opposition to a rule or report as set forth in Rule .0206 of this
				Chapter.
(b) Any person or agency
				desiring to make an oral statement concerning a permanent rule shall notify the
				RRC staff in writing by 5:00 p.m. of the second business day before the RRC
				meeting. The notice shall identify the rule upon which the oral statement will
				be made and shall also include the name, address, telephone number, fax number
				and email address of the individual who will be making the oral statement. If
				the person did not submit a written comment, the person shall state whether the
				oral statement will support or oppose the rule or report.
(c) Any person or agency desiring to make an
				oral statement concerning a temporary rule shall notify the RRC staff prior to
				the start of the RRC meeting or RRC designee meeting at which a temporary rule
				will be reviewed. The notice shall identify the rule upon which the oral
				statement will be made and shall also include the name, address, telephone
				number, fax number and email address of the individual who will be making the
				oral statement. If the person did not submit a written comment, the person
				shall state whether the oral statement will support or oppose the
				rule.
(d) At the same time the
				person notifies the RRC staff, the person shall also notify the rule making
				coordinator for the agency proposing the rule if the person wishes to speak in
				opposition to the rule or report. If a person fails to notify the agency in
				accordance with this rule, the Chair may deny a request to make an oral
				statement to the RRC.
(e) If the
				Commission asks an individual to address a rule or report, the prior notice
				required by this Rule does not apply.
Authority
				  G.S.
				  143B-30.1;
Eff. August 1,
				  2008;
Amended Eff. April 1, 2014.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0106 - LIMITATIONS ON ORAL PRESENTATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The RRC Chair in open session may set time limits on oral presentations before
				the Commission.
(b) Unless the
				Chair sets other time limits for oral presentations, the time allowed for
				presentations shall not exceed ten minutes for each requesting person or
				agency. The Chair may require that oral presentations be limited to
				representative spokespersons for those advocating or those opposing rule
				approval by the RRC.
(c) Factors
				that the Chair may use in determining time limits include the length of the
				agenda and time remaining in the meeting; the number of contested rules; the
				complexity of the issues; the public interest in a particular rule or report;
				the number of people desiring to address the RRC concerning the rule or report;
				the variations in their arguments (i.e., whether they are adding additional
				information to the debate or merely being repetitive of earlier speakers or
				earlier points raised by the same speaker) and the level of agreement within
				their positions or relationships; the nature of the comments in relation to the
				RRC scope of review; and the amount of notice given to the agency.
(d) The agency adopting the rule shall be
				allowed an opportunity to address the Commission when a person addresses the
				Commission in opposition to a rule, unless the agency fails to appear after
				notice of written comments opposing approval of the rule. When a comment in
				opposition to a rule first occurs by an oral comment at the Commission meeting,
				the agency shall be allowed an opportunity to address the Commission at the
				next meeting of the Commission or Commission's designee where the rule is under
				review.
Authority
				  G.S.
				  143B-30.1;
Eff. August 1,
				  2008;
Amended Eff. April 1, 2014.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0107 - WITHDRAWAL OF RULES AFTER FILING WITH RRC

Current through Register Vol. 39, No. 2, July 15, 2024
An agency may withdraw a rule after filing with the RRC and
				  before review by the RRC when:
(1) the
				rule is an adoption;
(2) the staff
				recommendation to object to the rule applies to the amendment to the rule and
				not to the existing language;
(3)
				there is no staff recommendation to object to the rule; or
(4) the rule was not adopted in accordance
				with the Administrative Procedure Act.
Authority
				  G.S.
				  143B-30.1;
Eff. August 1,
				  2008.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0108 - SUBMISSION OF REWRITTEN RULES OR RULES WITH TECHNICAL CHANGES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The RRC shall not review rewritten rules
				until the next regular meeting following the meeting at which a rule was
				originally reviewed by the RRC.
(b)
				Agencies may submit technical changes prior to the meeting at which a rule is
				initially reviewed for consideration and approval by the Commission at that
				meeting.
(c) All rules containing
				technical changes shall be submitted to the RRC staff by the earlier of:
(1) 5:00 p.m. 10 business days after the
				Requests for Technical Change are submitted to the agency rulemaking
				coordinator; or
(2) 5:00 p.m. of
				the Friday before the RRC meeting. If that Friday is a holiday, then the rules
				shall be submitted on the last business day before the holiday.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0109 - COMMUNICATIONS WITH RRC STAFF

Current through Register Vol. 39, No. 2, July 15, 2024
Any person desiring to confer with RRC staff may do so at any
				  time that staff is available. However, this shall not be a confidential
				  communication and staff may inform an agency or any other person of such
				  communication and may invite rebuttal response.
Authority
				  G.S.
				  143B-30.1;
Eff. August 1,
				  2008.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0110 - FILING OBJECTION LETTERS

Current through Register Vol. 39, No. 2, July 15, 2024
The RRC shall not consider any objection letter which is
				  dated prior to the time the agency adopts the rule.
Authority
				  G.S.
				  143B-30.1;
Eff. August 1,
				  2008.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0111 - RESPONSE TO OBJECTION LETTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The RRC staff shall respond to any objection letter for which it has a return
				address and that is not eligible for consideration.
(b) The RRC staff's response shall inform the
				letter writer that the objection letter is not eligible for consideration as it
				was untimely and inform the letter writer how to file a timely objection
				letter.
(c) The RRC staff may
				respond to letters that were filed by a single individual on behalf of multiple
				individuals to the individual filing the letters.
Authority
				  G.S.
				  143B-30.1;
Eff. August 1,
				  2008.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0112 - WAIVER

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				in open session may waive any rule for which no specific waiver provision is
				set out.
(b) Any person or agency
				requesting a waiver shall do so in writing and shall set out the specific rule
				for which a waiver is requested and the reasons justifying such a
				waiver.
(c) Any person desiring a
				waiver of the Commission's rules shall submit a copy of the request to the
				rulemaking coordinator for the agency proposing a rule at the same time and in
				the same manner as the submission to the RRC.
(d) The factors to be used in deciding
				whether to waive a rule are:
(1) the necessity
				for a waiver;
(2) the amount of
				notice given to the Commission and its staff, the agency proposing the rule,
				and interested parties;
(3) the
				applicant's responsibility for the conditions creating the need for a
				waiver;
(4) the applicant's
				previous requests for a waiver;
(5)
				the applicant's knowledge of or experience with the rulemaking
				process;
(6) the precedential value
				of such a waiver;
(7) the harm to
				the applicant if a waiver is not granted;
(8) the harm to the agency if a waiver is
				granted when the agency is not the applicant.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0113 - WITHDRAWAL OF OBJECTION LETTERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				A person may request that the Commission allow withdrawal of his or her
				previously filed objection letter to a rule prior to the meeting at which that
				rule is approved as set out below.
(b) A request to withdraw an objection letter
				after a rule has been approved is untimely and shall be returned to the
				requesting party with a denial by the Commission staff.
(c) The original request to withdraw a
				previously filed objection letter must be signed by the person who wrote the
				objection letter, notarized and delivered to the Commission by the close of
				business on the last day prior to the meeting at which the rule that is the
				subject of the objection letter is approved.
(d) The Commission shall act on the request
				to withdraw the previously filed objection letter at the meeting. The staff
				attorney offering comments on the rule shall also announce how the request to
				withdraw the previously filed objection letter would affect the rule's
				effective date and whether the rule would be subject to legislative
				review.
(e) The Commission shall
				base its decision on:
(1) the factual
				circumstances concerning the objection letter and the request to withdraw any
				letter;
(2) any defects in either
				the objection letter or the request to withdraw the objection letter;
(3) the history of the particular
				rulemaking;
(4) the notice provided
				to all parties and the Commission;
(5) the good faith of the person making the
				withdrawal request; and
(6) any
				factors the Commission may use in deciding whether to grant a waiver from its
				rules.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0100 - GENERAL › Section 05 .0114 - RRC RULE APPROVAL CONTINGENT ON TECHNICAL CHANGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) When the Commission approves a rule, the
				approval is contingent on an agency's making all requested technical
				changes.
(b) The agency must make
				such change prior to the close of business on the next business day after the
				rule is approved, or such other date or time as may be set by the Commission,
				in order for the rule to take effect on the first day of the following
				month.
(c) If the change has not
				been made as set out in Paragraph (b) of this Rule, then the rule shall be
				calendared on the Commission's agenda for the following month.
Authority
				  G.S.
				  143B-30.1;
				  150B-21.10;
Eff.
				  February 1, 2012.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0201 - SCOPE

Current through Register Vol. 39, No. 2, July 15, 2024
The purpose of this Section is to implement the existing
				  rules review required by
				  G.S.
				  150B-21.3A.
Authority
				  G.S.
				  150B-21.3A;
Eff. April 1,
				  2014.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0202 - DEFINITIONS

Current through Register Vol. 39, No. 2, July 15, 2024
In addition to the definitions in
				  G.S.
				  150B-21.3A and in Rule .0101 of this Chapter,
				  for the purposes of this Section the following definitions apply:
(1) "Determination" means a classification of
				a rule as
(a) unnecessary;
(b) necessary with substantive public
				interest; or
(c) necessary without
				substantive public interest.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0203 - DEADLINES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The Commission
				shall submit by email to the rulemaking coordinator of an agency subject to the
				review a report containing its existing rules. Agencies shall have 10 business
				days after the report is sent to review it for accuracy and completeness. An
				agency shall notify the Commission staff by email at oah.rules@oah.nc.gov of
				any errors or missing rules within the 10 business days following the date the
				RRC sent the report.
(b) An agency
				shall complete the report as set out in Rule .0206(b) of this Section. The
				agency shall then submit its initial report to the Office of Administrative
				Hearings at the above email address and OAH shall post the report on its
				website within five business days of receipt.
(c) All reports shall be filed on or before
				the 15th day of the month for Commission review of the report at its meeting
				the following month, using the schedule set forth in Rule .0211 of this
				Section. Commission counsel shall notify an agency if he or she intends to
				recommend reviewing this report at a later meeting. The Commission may delay
				reviewing a report until a later meeting if the workload of the Commission and
				its staff makes the review impracticable. If the Commission delays reviewing a
				report, it shall notify the agency. In rescheduling any review, the Commission
				shall consider the date on which the report was filed with the
				Commission.
(d) All deadlines that
				require filing or notification as set forth in this Rule shall be by 5:00 p.m.
				on the business day of the deadline or the next business day following the
				deadline if the deadline falls on a non-business day.
Authority
				  G.S.
				  150B-21.3A;
Eff. April 1,
				  2014.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0204 - EXTENSION OF TIME

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If the agency
				cannot meet the filing deadline set forth in Rules .0203(c) and .0211 of this
				Section, the agency head may submit a written request for an extension of time
				from the Commission. The Commission shall consider the request at its next
				regularly scheduled meeting. The Commission's decision shall be made on a case
				by case basis, considering the justification offered by the agency requesting
				the extension, which may include:
(1) the
				efforts of the agency to comply with the review;
(2) any illness or incapacity of the staff
				member assigned responsibility for submitting the report;
(3) changes of composition to the agency or
				its staff that resulted in a delay of the review;
(4) whether the agency received a volume of
				comments that requires additional time to respond; and
(5) arguments against the delay by members of
				the public.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0205 - AGENCY REQUEST TO RESCHEDULE REPORTS FOR EARLIER REVIEW AND ADD UNNECESSARY RULES TO THE SCHEDULE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) If an agency
				wishes to reschedule a report for review before the date set forth in Rule
				.0211 of this Section, the agency shall send a written request to the
				Commission. The request shall contain:
(1) the
				Title and Chapter of the Report;
(2) the reason for the request;
(3) if the report was already posted, a copy
				of the report and any public comments received;
(4) the date the report was originally
				scheduled for review; and
(5) the
				date that the agency seeks for Commission review.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0206 - REPORT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) All agencies
				participating in the review shall use the report prepared by the
				Commission.
(b) The agency shall
				complete the following fields of the report prior to posting:
(1) the initial agency
				determination;
(2) whether a rule
				is necessary to implement or conform to federal law. If it is, the agency must
				include a citation to that law in the report; and
(3) the public comment period, which shall be
				no less than 60 days and begin upon posting on the agency's and the Office of
				Administrative Hearings' websites. If the posting does not occur on the same
				day for both sites, the comment period shall begin upon posting on the second
				website.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0207 - PUBLIC COMMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a) For purposes of
				this Section, an agency shall accept public comments submitted to the agency by
				US Postal Service or other delivery service and electronic
				communication.
(b) The agency shall
				send notice of the posting and public comment period to its interested persons
				mailing list maintained pursuant to
				G.S.
				150B-21.2(d).
(c) Each agency shall include on its website
				and in any notice sent to interested persons the following:
(1) instructions on how a person may comment
				on the determination;
(2) to whom
				the comment should be directed;
(3)
				the definition of "public comment" in
				G.S.
				150B-21.3A(a)(5);
				and
(4) that a comment must address
				the content of the rule to be considered by the Commission.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0208 - AGENCY RESPONSE TO PUBLIC COMMENT

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				The agency shall address the substance of a public comment as defined in
				G.S.
				150B-21.3A(a)(5).
(b) Agencies are not required to respond to
				the individual but shall include a brief response to the merits of the public
				comment in the report submitted to the Commission.
(c) The Commission shall consider a report
				incomplete if the agency does not respond to the merits of the public comments
				and shall return the report to the agency.
Authority
				  G.S.
				  150B-21.3A;
Eff. April 1,
				  2014.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0209 - EXEMPTION FROM THE PERIODIC REVIEW OF EXISTING RULES

Current through Register Vol. 39, No. 2, July 15, 2024
(a) An agency requesting an exemption from
				the review pursuant to
				G.S.
				150B-21.3A(d) may make an
				exemption request for an entire Section, Subchapter, Chapter, or Title of rules
				if the entire Section, Subchapter, Chapter, or Title of rules were adopted or
				amended within the previous 10 years prior to the review.
(b) The Commission shall not grant an
				exemption for individual rules.
(c)
				The agency head must make the written request to the Commission.
(d) If an agency head submits a request for
				exemption, the agency shall post notice on its website and notify its
				interested persons mailing list maintained pursuant to
				G.S.
				150B-21.2(d).
(e) The Commission shall post notice of the
				agency's request on its website and provide notice of a public
				hearing.
(f) The Commission shall
				conduct a public hearing to determine whether it should grant the waiver. The
				Commission shall consider the following:
(1)
				the arguments of the agency;
(2)
				public input;
(3) impact on the
				regulated public affected by the rule; and
(4) whether granting the waiver is within the
				public interest.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0200 - PERIODIC REVIEW OF EXISTING RULES › Section 05 .0210 - AGENCY PRESENTATION TO THE COMMISSION

Current through Register Vol. 39, No. 2, July 15, 2024
If a representative from the agency does not appear at the
				  meeting when the agency's report is being reviewed and a question regarding the
				  report is raised, then the Commission shall defer the review to a subsequent
				  meeting.
Authority
				  G.S.
				  150B-21.3A;
Eff. April 1,
				  2014.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0300 - TEMPORARY RULES FOR RRC REVIEW › Section 05 .0301 - FORMATTING REQUIREMENTS

Current through Register Vol. 39, No. 2, July 15, 2024
An agency submitting temporary rules to be reviewed by the
				  Commission shall comply with the requirements in
				  26 NCAC
				  02C .0100,
				  02C .0200, and .0400, which are
				  hereby incorporated by reference, including subsequent amendments and
				  editions.
Authority
				  G.S.
				  143B-30.1;
				  150B-21.1;
Eff. May
				  1, 2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0300 - TEMPORARY RULES FOR RRC REVIEW › Section 05 .0302 - TEMPORARY RULEMAKING FINDINGS OF NEED FORM

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				An agency shall submit a completed typed original Temporary Rulemaking Findings
				of Need form for each rule when filing a temporary rule for Commission review.
				The form may be accessed at no cost at www.ncoah.com/rules.
(b) The form sets forth the requirements of
				G.S.
				150B-21.1 to allow the Commission to
				determine whether the temporary rule meets the statutory
				requirements.
(c) The agency head
				shall sign the original form pursuant to
				G.S.
				150B-21.1(a4). If the agency
				head has delegated this authority to another person pursuant to statute, then
				the agency shall submit a copy of the delegation and cite the statutory
				authority that authorizes the delegation.
Authority
				  G.S.
				  143B-30.1;
				  150B-21.1(a4);
Eff. May 1, 2016.
North Carolina Administrative Code › Title 26 - ADMINISTRATIVE HEARINGS › Chapter 05 - RULES REVIEW COMMISSION › Section .0300 - TEMPORARY RULES FOR RRC REVIEW › Section 05 .0303 - FILING A TEMPORARY RULE

Current through Register Vol. 39, No. 2, July 15, 2024
For each temporary rule, the agency shall file the
				  following:
(1) an original and two
				copies of the Temporary Rulemaking Findings of Need form. The original form
				shall be signed by the agency head or designee, as set forth in Rule .0302 of
				this Section;
(2) if designation
				authority is invoked, a letter delegating the authority for the signature on
				the form, as set forth in Rule .0302 of this Section;
(3) a copy of the relevant portion of the
				authority cited that authorizes the promulgation of the temporary
				rule;
(4) an original and two
				copies of the temporary rule prepared in accordance with
				26 NCAC
				02C .0108, containing:
(a) an introductory statement that states the
				rule was adopted under temporary rulemaking procedures;
(b) the text of the rule, showing any changes
				made after publication as set forth in
				26 NCAC
				02C .0405; and
(c) the history note, as set forth in
				26 NCAC
				02C .0406; and
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0100 - FUNCTIONS › Section 01A .0101 - PURPOSE

Current through Register Vol. 39, No. 2, July 15, 2024
The North Carolina State Bar shall foster the following
					 purposes, namely:
(1) to cultivate and
				  advance the science of jurisprudence;
(2) to promote reform in the law and in
				  judicial procedure;
(3) to
				  facilitate the administration of justice;
(4) to uphold and elevate the standards of
				  honor, integrity and courtesy in the legal profession;
(5) to encourage higher and better education
				  for membership in the profession;
(6) to promote a spirit of cordiality and
				  unity among the members of the Bar;
(7) to perform all duties imposed by
				  law.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0100 - FUNCTIONS › Section 01A .0102 - DIVISION OF WORK

Current through Register Vol. 39, No. 2, July 15, 2024
(a) To
				  facilitate the work for the accomplishment of the above enumerated purposes,
				  the council may, from time to time, classify such work under appropriate
				  sections and committees, either standing or special, of the North Carolina
				  State Bar.
(b) The council shall
				  determine the number of members, composition, method of appointment or
				  election, functions, powers and duties, structure, authority to act, and other
				  matters relating to each committee.
(c) Any committee may, at the discretion of
				  the appointing or electing authority, be composed of council members or members
				  of the North Carolina State Bar who are not members of the council or of lay
				  persons or of any combination.
Authority
					 G.S.
					 84-22;
					 84-23;
Readopted Eff.
					 December 8, 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0100 - FUNCTIONS › Section 01A .0103 - COOPERATION WITH LOCAL BAR ASSOCIATION COMMITTEES

Current through Register Vol. 39, No. 2, July 15, 2024
The sections and committees so appointed may secure the
					 cooperation of like sections and committees of the North Carolina Bar
					 Association and all local bar associations of the state.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0100 - FUNCTIONS › Section 01A .0104 - ORGANIZATION OF LOCAL BAR ASSOCIATIONS

Current through Register Vol. 39, No. 2, July 15, 2024
The council shall encourage and foster the organization of
					 local bar associations.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0100 - FUNCTIONS › Section 01A .0105 - ANNUAL PROGRAM

Current through Register Vol. 39, No. 2, July 15, 2024
The council shall provide a suitable program for each
					 annual meeting of the North Carolina State Bar.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0100 - FUNCTIONS › Section 01A .0106 - REPORTS MADE TO ANNUAL MEETING

Current through Register Vol. 39, No. 2, July 15, 2024
The annual reports of the several committees and boards
					 shall be delivered to the secretary of the North Carolina State Bar before the
					 annual meeting.
Authority
					 G.S.
					 84-23;
Readopted Eff. December 8,
					 1994;
Amended Eff. February 3,
					 2000.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0200 - MEMBERSHIP ANNUAL MEMBERSHIP FEES › Section 01A .0201 - CLASSES OF MEMBERSHIP

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Two
				  Classes of Membership. Members of the North Carolina State Bar shall be divided
				  into two classes: active members and inactive members.
(b) Active Member. The active members shall
				  be all persons who have obtained licenses entitling them to practice law in
				  North Carolina, including persons serving as justices or judges of any state or
				  federal court in this state, unless classified as inactive members by the
				  council. All active members must pay the annual membership fee.
(c) Inactive Members
(1) The inactive members shall include:
(A) all persons who have been admitted to the
				  practice of law in North Carolina but who the council has found are not engaged
				  in the practice of law or holding themselves out as practicing attorneys and
				  who do not occupy any public or private position in which they may be called
				  upon to give legal advice or counsel or to examine the law or to pass upon the
				  legal effect of any act, document, or law, and
(B) those persons granted emeritus pro bono
				  status by the council and allowed to represent indigent clients on a pro bono
				  basis under the supervision of active members working for nonprofit
				  corporations organized pursuant to Chapter 55A of the General Statutes of North
				  Carolina for the sole purpose of rendering legal services to
				  indigents.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0200 - MEMBERSHIP ANNUAL MEMBERSHIP FEES › Section 01A .0202 - REGISTER OF MEMBERS

Current through Register Vol. 39, No. 2, July 15, 2024
(a)
				  Initial Registration with State Bar. Every member shall register by completing
				  and returning to the North Carolina State Bar a signed registration card
				  containing the following information:
(1) name
				  and address;
(2) date;
(3) date passed examination to practice in
				  North Carolina;
(4) date and place
				  sworn in as an attorney in North Carolina;
(5) date and place of birth;
(6) list of all other jurisdictions where the
				  member has been admitted to the practice of law and date of
				  admission;
(7) whether suspended or
				  disbarred from the practice of law in any jurisdiction or court, and if so,
				  when and where, and when readmitted.
North Carolina Administrative Code › Title 27 - STATE BAR › Chapter 01 - RULES AND REGULATIONS FOR THE NORTH CAROLINA STATE BAR › Subchapter A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR › Section .0200 - MEMBERSHIP ANNUAL MEMBERSHIP FEES › Section 01A .0203 - ANNUAL MEMBERSHIP FEES; WHEN DUE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Amount and Due
				  Date
The annual membership fee shall be in the amount determined
					 by the council as provided by law and shall be due and payable to the secretary
					 of the North Carolina State Bar on January 1 of each year. The annual
					 membership fee shall be delinquent if not paid by the last day of June of each
					 year. For calendar year 2020 only, the annual membership fee shall be
					 delinquent if not paid by August 31, 2020.
(b) Late Fee
Any attorney who fails to pay the entire annual membership
					 fee in the amount determined by the council as provided by law and the annual
					 Client Security Fund assessment approved by the North Carolina Supreme Court by
					 the last day of June of each year shall also pay a late fee of $30. For
					 calendar year 2020 only, any attorney who fails to pay the entire annual
					 membership fee in the amount determined by the council as provided by law and
					 the annual Client Security Fund assessment approved by the North Carolina
					 Supreme Court by August, 31, 2020, shall also pay a late fee of $30.
(c) Waiver of All or Part of Dues
No part of the annual membership fee or Client Security
					 Fund assessment shall be prorated or apportioned to fractional parts of the
					 year, and no part of the membership fee or Client Security Fund assessment
					 shall be waived or rebated for any reason with the following exceptions:
(1) A person licensed to practice law in
				  North Carolina for the first time by examination shall not be liable for dues
				  or the Client Security Fund assessment during the year in which the person is
				  admitted;
(2) A person licensed to
				  practice law in North Carolina serving in the armed forces, whether in a legal
				  or nonlegal capacity, will be exempt from payment of dues and Client Security
				  Fund assessment for any year in which the member is on active duty in the
				  military service;
(3) A person
				  licensed to practice law in North Carolina who files a petition for inactive
				  status on or before December 31 of a given year shall not be liable for the
				  membership fee or the Client Security Fund assessment for the following year if
				  the petition is granted. A petition shall be deemed timely if it is postmarked
				  on or before December 31.