Chapter 150B Administrative Procedure Act
Article 1 - General Provisions.
- § 150B-1 Policy and scope
(a) Purpose. This Chapter establishes a uniform system of administrative rule making and adjudicatory procedures for agencies. The procedures ensure that the functions of rule...
- § 150B-2 Definitions
As used in this Chapter, (1) "Administrative law judge" means a person appointed under G.S. 7A‑752, 7A‑753, or 7A‑757. (1a) "Agency" means an agency or...
- § 150B-3 Special provisions on licensing
(a) When an applicant or a licensee makes a timely and sufficient application for issuance or renewal of a license or occupational license, including the...
- § 150B-4 Declaratory rulings
(a) On request of a person aggrieved, an agency shall issue a declaratory ruling as to the validity of a rule or as to the...
- § 150B-5 through 150B-8 Reserved for future codification purposes
Article 2 - Rule Making.
Article 2A - Rules.
- § 150B-18 Scope and effect
This Article applies to an agency's exercise of its authority to adopt a rule. A rule is not valid unless it is adopted in substantial...
- § 150B-19 Restrictions on what can be adopted as a rule
An agency may not adopt a rule that does one or more of the following: (1) Implements or interprets a law unless that law or...
- § 150B-20 Petitioning an agency to adopt a rule
(a) Petition. A person may petition an agency to adopt a rule by submitting to the agency a written rule‑making petition requesting the adoption. A...
- § 150B-21 Agency must designate rule-making coordinator; duties of coordinator
(a) Each agency must designate one or more rule‑making coordinators to oversee the agency's rule‑making functions. The coordinator shall serve as the liaison between the...
- § 150B-21.1 Procedure for adopting a temporary rule
(a) Adoption. An agency may adopt a temporary rule when it finds that adherence to the notice and hearing requirements of G.S. 150B‑21.2 would be...
- § 150B-21.1A Adoption of an emergency rule
(a) Adoption. An agency may adopt an emergency rule without prior notice or hearing or upon any abbreviated notice or hearing the agency finds practical...
- § 150B-21.2 Procedure for adopting a permanent rule
(a) Steps. Before an agency adopts a permanent rule, it must take the following actions: (1) Publish a notice of text in the North Carolina...
- § 150B-21.3 Effective date of rules
(a) Temporary and Emergency Rules. A temporary rule or an emergency rule becomes effective on the date the Codifier of Rules enters the rule in...
- § 150B-21.4 Fiscal notes on rules
(a) State Funds. Before an agency publishes in the North Carolina Register the proposed text of a permanent rule change that would require the expenditure...
- § 150B-21.5 Circumstances when notice and rule-making hearing not required
(a) Amendment. An agency is not required to publish a notice of text in the North Carolina Register or hold a public hearing when it...
- § 150B-21.6 Incorporating material in a rule by reference
An agency may incorporate the following material by reference in a rule without repeating the text of the referenced material: (1) Another rule or part...
- § 150B-21.7 Effect of transfer of duties or termination of agency on rules
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...
- § 150B-21.8 Review of rule by Commission
(a) Emergency Rule. The Commission does not review an emergency rule. (b) Temporary and Permanent Rules. An agency must submit temporary and permanent rules adopted...
- § 150B-21.9 Standards and timetable for review by Commission
(a) Standards. The Commission must determine whether a rule meets all of the following criteria: (1) It is within the authority delegated to the agency...
- § 150B-21.10 Commission action on permanent rule
At the first meeting at which a permanent rule is before the Commission for review, the Commission must take one of the following actions: (1)...
- § 150B-21.11 Procedure when Commission approves permanent rule
When the Commission approves a permanent rule, it must notify the agency that adopted the rule of the Commission's approval, deliver the approved rule to...
- § 150B-21.12 Procedure when Commission objects to a permanent rule
(a) Action. When the Commission objects to a permanent rule, it must send the agency that adopted the rule a written statement of the objection...
- § 150B-21.13 Procedure when Commission extends period for review of permanent rule
When the Commission extends the period for review of a permanent rule, it must notify the agency that adopted the rule of the extension and...
- § 150B-21.14 Public hearing on a rule
The Commission may call a public hearing on a rule when it extends the period for review of the rule. At the request of an...
- § 150B-21.15 Repealed by Session Laws 1995, c. 507, s. 27.8(i)
- § 150B-21.16 Report to Joint Legislative Administrative Procedure Oversight Committee
The Commission must make monthly reports to the Joint Legislative Administrative Procedure Oversight Committee. The reports are due by the last day of the month....
- § 150B-21.17 North Carolina Register
(a) Content. The Codifier of Rules must publish the North Carolina Register. The North Carolina Register must be published at least two times a month...
- § 150B-21.18 North Carolina Administrative Code
The Codifier of Rules must compile all rules into a Code known as the North Carolina Administrative Code. The format and indexing of the Code...
- § 150B-21.19 Requirements for including rule in Code
To be acceptable for inclusion in the North Carolina Administrative Code, a rule must: (1) Cite the law under which the rule is adopted. (2)...
- § 150B-21.20 Codifier's authority to revise form of rules
(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...
- § 150B-21.21 Publication of rules of North Carolina State Bar, Building Code Council, and exempt agencies
(a) State Bar. The North Carolina State Bar must submit a rule adopted or approved by it and entered in the minutes of the North...
- § 150B-21.22 Effect of inclusion in Code
Official or judicial notice can be taken of a rule in the North Carolina Administrative Code and shall be taken when appropriate. (1973, c. 1331,...
- § 150B-21.23 Rule publication manual
The Codifier of Rules must publish a manual that sets out the form and method for publishing a notice of rule‑making proceedings and a notice...
- § 150B-21.24 Access to Register and Code
(a) Register. The Codifier of Rules shall make available the North Carolina Register on the Internet at no charge. Upon request the Codifier shall provide...
- § 150B-21.25 Paid copies of Register and Code
A person who is not entitled to a free copy of the North Carolina Administrative Code or North Carolina Register may obtain a copy by...
- § 150B-21.26 Governor to conduct preliminary review of certain administrative rules
(a) Preliminary Review. At least 30 days before an agency publishes in the North Carolina Register the proposed text of a permanent rule change that...
- § 150B-21.27 Minimizing the effects of rules on local budgets
In adopting permanent rules that would increase or decrease the expenditures or revenues of a unit of local government, the agency shall consider the timing...
- § 150B-21.28 Role of the Office of State Budget and Management
The Office of State Budget and Management shall: (1) Compile an annual summary of the projected fiscal impact on units of local government of State...
Article 3 - Administrative Hearings.
- § 150B-22 Settlement; contested case
It is the policy of this State that any dispute between an agency and another person that involves the person's rights, duties, or privileges, including...
- § 150B-22.1 Special education petitions
(a) Notwithstanding any other provision of this Chapter, timelines and other procedural safeguards required to be provided under IDEA and Article 9 of Chapter 115C...
- § 150B-23 Commencement; assignment of administrative law judge; hearing required; notice; intervention
(a) A contested case shall be commenced by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of...
- § 150B-23.1 Mediated settlement conferences
(a) Purpose. This section authorizes a mediation program in the Office of Administrative Hearings in which the chief administrative law judge may require the parties...
- § 150B-24 Venue of hearing
(a) The hearing of a contested case shall be conducted: (1) In the county in this State in which any person whose property or rights...
- § 150B-25 Conduct of hearing; answer
(a) If a party fails to appear in a contested case after proper service of notice, and if no adjournment or continuance is granted, the...
- § 150B-26 Consolidation
When contested cases involving a common question of law or fact or multiple proceedings involving the same or related parties are pending, the Director of...
- § 150B-27 Subpoena
After the commencement of a contested case, subpoenas may be issued and served in accordance with G.S. 1A‑1, Rule 45. In addition to the methods...
- § 150B-28 Depositions and discovery
(a) A deposition may be used in lieu of other evidence when taken in compliance with the Rules of Civil Procedure, G.S. 1A‑1. Parties in...
- § 150B-29 Rules of evidence
(a) In all contested cases, irrelevant, immaterial and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in...
- § 150B-30 Official notice
Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of the...
- § 150B-31 Stipulations
(a) The parties in a contested case may, by a stipulation in writing filed with the administrative law judge, agree upon any fact involved in...
- § 150B-31.1 Contested tax cases
(a) Application. This section applies only to contested tax cases. A contested tax case is a case involving a disputed tax matter arising under G.S....
- § 150B-32 Designation of administrative law judge
(a) The Director of the Office of Administrative Hearings shall assign himself or another administrative law judge to preside over a contested case. (a1) Repealed...
- § 150B-33 Powers of administrative law judge
(a) An administrative law judge shall stay any contested case under this Article on motion of an agency which is a party to the contested...
- § 150B-34 Decision of administrative law judge
(a) Except as provided in G.S. 150B‑36(c), and subsection (c) of this section, in each contested case the administrative law judge shall make a decision...
- § 150B-35 No ex parte communication; exceptions
Unless required for disposition of an ex parte matter authorized by law, neither the administrative law judge assigned to a contested case nor a member...
- § 150B-36 Final decision
(a) Before the agency makes a final decision, it shall give each party an opportunity to file exceptions to the decision made by the administrative...
- § 150B-37 Official record
(a) In a contested case, the Office of Administrative Hearings shall prepare an official record of the case that includes: (1) Notices, pleadings, motions, and...
Article 3A - Other Administrative Hearings.
- § 150B-38 Scope; hearing required; notice; venue
(a) The provisions of this Article shall apply to: (1) Occupational licensing agencies. (2) The State Banking Commission, the Commissioner of Banks, and the Credit...
- § 150B-39 Depositions; discovery; subpoenas
(a) A deposition may be used in lieu of other evidence when taken in compliance with the Rules of Civil Procedure, G.S. 1A‑1. Parties in...
- § 150B-40 Conduct of hearing; presiding officer; ex parte communication
(a) Hearings shall be conducted in a fair and impartial manner. At the hearing, the agency and the parties shall be given an opportunity to...
- § 150B-41 Evidence; stipulations; official notice
(a) In all contested cases, irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied in...
- § 150B-42 Final agency decision; official record
(a) After compliance with the provisions of G.S. 150B‑ 40(e), if applicable, and review of the official record, as defined in subsection (b) of this...
Article 4 - Judicial Review.
Article 5 - Publication of Administrative Rules.
