Bill Text: NC S36 | 2013-2014 | Regular Session | Amended
Bill Title: APA Technical/Clarifying Chges
Sponsorship: Partisan Bill (Republican 2)
Status: (Passed) 2013-06-19 - Ch. SL 2013-143 [S36 Detail]
Download: North_Carolina-2013-S36-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
S 2
SENATE BILL 36*
House Committee Substitute Favorable 3/6/13
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Short Title: APA Technical/Clarifying Chges. |
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February 4, 2013
A BILL TO BE ENTITLED
AN ACT to make certain technical, clarifying, and conforming changes to the administrative procedure act, as recommended by the joint legislative administrative procedure oversight committee.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 150B‑21.2(c) reads as rewritten:
"(c) Notice of Text. � A notice of the proposed text of a rule must include all of the following:
(1) The text of the proposed rule.
(2) A short explanation of the reason for the proposed rule
and a link to the agency's Web site containing the information required by G.S. 150B‑19.1(c).
rule.
(2a) A link to the agency's Web site containing the information required by G.S. 150B‑19.1(c), including a statement that the procedure by which a person can object to a proposed rule and the requirements for subjecting a proposed rule to the legislative review process are available on that Web site.
(3) A citation to the law that gives the agency the authority to adopt the rule.
(4) The proposed effective date of the rule.
(5) The date, time, and place of any public hearing scheduled on the rule.
(6) Instructions on how a person may demand a public hearing on a proposed rule if the notice does not schedule a public hearing on the proposed rule and subsection (e) of this section requires the agency to hold a public hearing on the proposed rule when requested to do so.
(7) The period of time during which and the person within the agency to whom written comments may be submitted on the proposed rule.
(8) If a fiscal note has been prepared for the rule, a statement that a copy of the fiscal note can be obtained from the agency.
(9) The procedure by which a person can
object to a proposed rule and the requirements for subjecting a proposed rule
to the legislative review process."
SECTION 2. G.S. 150B‑21.7 reads as rewritten:
"§ 150B‑21.7. Effect of transfer of duties or termination of agency on rules.
(a) When a law that authorizes an agency to adopt a rule is repealed and another law gives the same or another agency substantially the same authority to adopt a rule, the rule remains in effect until the agency with authority over the rule amends or repeals the rule. When a law that authorizes an agency to adopt a rule is repealed and another law does not give the same or another agency substantially the same authority to adopt a rule, a rule adopted under the repealed law is repealed as of the date the law is repealed. The agency that adopted the rule shall notify the Codifier of Rules that the rule is repealed pursuant to this subsection.
(b) When an executive order abolishes part or all of an agency and transfers a function of that agency to another agency, a rule concerning the transferred function remains in effect until the agency to which the function is transferred amends or repeals the rule. When an executive order abolishes part or all of an agency and does not transfer a function of that agency to another agency, a rule concerning a function abolished by the executive order is repealed as of the effective date of the executive order. The agency that adopted the rule shall notify the Codifier of Rules that the rule is repealed pursuant to this subsection.
(c) The Director of Fiscal Research of the
General Assembly must notify the Codifier of Rules when a rule is repealed
under this section.When notified of a rule repealed under this section, the
Codifier of Rules must enter the repeal of the rule in the North Carolina
Administrative Code."
SECTION 3. G.S. 150B‑21.20(a) reads as rewritten:
"(a) Authority. � After consulting with the agency
that adopted the rule, the Codifier of Rules may revise the form of a rule
submitted for inclusion in the North Carolina Administrative Code within 10
business days after the rule is submitted to do one or more of the
following:
(1) Rearrange the order of the rule in the Code or the order of the subsections, subdivisions, or other subparts of the rule.
(2) Provide a catch line or heading for the rule or revise the catch line or heading of the rule.
(3) Reletter or renumber the rule or the subparts of the rule in accordance with a uniform system.
(4) Rearrange definitions and lists.
(5) Make other changes in arrangement or in form that do not change the substance of the rule and are necessary or desirable for a clear and orderly arrangement of the rule.
(6) Omit from the published rule a map, a diagram, an illustration, a chart, or other graphic material, if the Codifier of Rules determines that the Office of Administrative Hearings does not have the capability to publish the material or that publication of the material is not practicable. When the Codifier of Rules omits graphic material from the published rule, the Codifier must insert a reference to the omitted material and information on how to obtain a copy of the omitted material."
SECTION 4. G.S. 150B‑45(a) reads as rewritten:
"(a) Procedure. � To obtain judicial review of a final decision under this Article, the person seeking review must file a petition within 30 days after the person is served with a written copy of the decision. The petition must be filed as follows:
(1) Contested tax cases. � A petition for review of a final decision in a contested tax case arising under G.S. 105‑241.15 must be filed in the Superior Court of Wake County.
(2) Other final decisions. � A petition for review of
any other final decision under this Article must be filed in the Superior Court
of Wake County or in the superior court of the county where the person party
who commenced the contested case resides."
SECTION 5. This act is effective when it becomes law.
