GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2021
SESSION LAW 2021-88
HOUSE BILL 67
AN ACT to make technical corrections to the general statutes and session laws, as recommended by the general Statutes Commission.
The General Assembly of North Carolina enacts:
SECTION 1.(a) G.S. 1‑120.2 reads as rewritten:
"§ 1‑120.2. Filing of notice by cities and counties in certain cases.
The governing body of a city or
county may, by ordinance under Part 5 of Article 19 of Chapter 160A Article
11 of Chapter 160D of the General Statutes relating to building inspection,
or Part 6 of Article 19 of Chapter 160A Article 12 of Chapter 160D of
the General Statutes relating to minimum housing standards, or Part 4 of
Article 18 of Chapter 153A relating to building inspection, provide that
upon the issuance of a complaint and notice of hearing or order pursuant thereto,
to it, a notice of lis pendens, with a copy of the complaint and
notice of hearing or order attached thereto, to it, may be filed
in the office of the clerk of superior court of the county where the property
is located. When a notice of lis pendens and a copy of the complaint and notice
of hearing or order is filed with the clerk of superior court, it shall be
indexed and cross‑indexed in accordance with the indexing procedures of
G.S. 1‑117. From the date and time of indexing, the complaint and
notice of hearing or order shall be is binding upon the
successors and assigns of the owners of and parties in interest in the building
or dwelling. A copy of the notice of lis pendens shall be served upon the
owners and parties in interest in the building or dwelling at the time of
filing in accordance with G.S. 160A‑428, 160A‑445, or 153A‑368
as applicable. G.S. 160D‑1121 and G.S. 160D‑1206. The
notice of lis pendens shall remain remains in full force and
effect until cancelled. The ordinance may authorize the cancellation of the
notice of lis pendens under certain circumstances. Upon receipt of notice from
the city, the clerk of superior court shall cancel the notice of lis
pendens."
SECTION 1.(b) G.S. 160D‑403 reads as rewritten:
"§ 160D‑403. Administrative development approvals and determinations.
(b) Determinations and Notice of Determinations. A development regulation enacted under the authority of this Chapter may designate the staff member or members charged with making determinations under the development regulation.
The officer making the
determination shall give written notice to the owner of the property that is
the subject of the determination and to the party who sought the determination,
if different from the owner. The written notice shall be delivered by personal
delivery, electronic mail, email, or by first‑class
mail. The notice shall be delivered to the last address listed for the owner of
the affected property on the county tax abstract and to the address provided in
the application or request for a determination if the party seeking the
determination is different from the owner.
It is conclusively presumed that
all persons with standing to appeal have constructive notice of the
determination from the date a sign providing notice that a determination has
been made is prominently posted on the property that is the subject of the
determination, provided so long as the sign remains on the
property for at least 10 days. The A posted sign shall contain
the words "Zoning Decision" or "Subdivision Decision" or
similar language for other determinations in letters at least 6 six inches
high and shall identify the means to contact a local government staff member
for information about the determination. Posting of signs is not the only form
of constructive notice. Any such sign posting is the
responsibility of the landowner, applicant, or person who that sought
the determination. Verification of the posting shall be provided to the staff
member responsible for the determination. Absent an ordinance provision to the
contrary, posting of signs shall is not be required.
(e) Inspections.
Administrative staff may inspect work undertaken pursuant to a development
approval to assure that the work is being done in accordance with applicable
State and local laws and of the terms of the approval. In exercising
this power, staff are authorized to may enter any premises within
the jurisdiction of the local government at all reasonable hours for the
purposes of inspection or other enforcement action, upon presentation of proper
credentials; provided, however, that credentials, so long as the
appropriate consent has been given for inspection of areas not open to the
public or that an appropriate inspection warrant has been secured.
(f) Revocation of
Development Approvals. In addition to initiation of enforcement actions under
G.S. 160D‑404, development approvals may be revoked by the local
government issuing the development approval by notifying the holder in writing
stating the reason for the revocation. The local government shall follow the
same development review and approval process required for issuance of the
development approval, including any required notice or hearing, in the review
and approval of any revocation of that approval. Development approvals shall be
revoked for any substantial departure from the approved application, plans, or
specifications; for refusal or failure to comply with the requirements of any
applicable local development regulation or any State law delegated to the local
government for enforcement purposes in lieu of the State; or for false
statements or misrepresentations made in securing the approval. Any development
approval mistakenly issued in violation of an applicable State or local law may
also be revoked. The revocation of a development approval by a staff member may
be appealed pursuant to G.S. 160D‑405. If an appeal is filed
regarding a development regulation adopted by a local government pursuant to
this Chapter, the provisions of G.S. 160D‑405(e) G.S. 160D‑405(f)
regarding stays apply.
(g) Certificate of
Occupancy. A local government may, upon completion of work or activity
undertaken pursuant to a development approval, make final inspections and issue
a certificate of compliance or occupancy if staff finds that the completed work
complies with all applicable State and local laws and with the terms of the
approval. No building, structure, or use of land that is subject to a building
permit required by Article 11 of this Chapter shall be occupied or used until a
certificate of occupancy or temporary certificate pursuant to G.S. 160D‑1114
G.S. 160D‑1116 has been issued.
(h) Optional Communication
Requirements. A regulation adopted pursuant to this Chapter may require
notice and/or or informational meetings meetings, or
both, as part of the administrative decision‑making process."
SECTION 1.(c) G.S. 160D‑604 reads as rewritten:
"§ 160D‑604. Planning board review and comment.
(a) Initial Zoning. In
order to exercise zoning powers conferred by this Chapter for the first time, a
local government shall create or designate a planning board under the
provisions of this Article or of a special a local act of the
General Assembly. The planning board shall prepare or shall review and comment
upon a proposed zoning regulation, including the full text of such the
regulation and maps showing proposed district boundaries. The planning
board may hold public meetings and legislative hearings in the course of
preparing the regulation. Upon completion, the planning board shall make a
written recommendation regarding adoption of the regulation to the governing
board. The governing board shall not hold its required hearing or take action
until it has received a recommendation regarding the regulation from the
planning board. Following its required hearing, the governing board may refer
the regulation back to the planning board for any further recommendations that
the board may wish to make prior to final action by the governing board in
adopting, modifying and adopting, or rejecting the regulation.
(d) Plan Consistency. When conducting a review of proposed zoning text or map amendments pursuant to this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive or land‑use plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive or land‑use plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a zoning map amendment qualifies as a "large‑scale rezoning" under G.S. 160D‑602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made.
(e) Separate Board Required.
Notwithstanding the authority to assign duties of the planning board to the
governing board as provided by this Chapter, the review and comment required by
this section shall not be assigned to the governing board and must shall
be performed by a separate board."
SECTION 1.(d) G.S. 160D‑605 reads as rewritten:
"§ 160D‑605. Governing board statement.
(a) Plan Consistency. When
adopting or rejecting any zoning text or map amendment, the governing board
shall approve a brief statement describing whether its action is consistent or
inconsistent with an adopted comprehensive or land‑use plan. The
requirement for a plan consistency statement may also be met by a clear
indication in the minutes of the governing board that at the time of action on
the amendment the governing board was aware of and considered the planning
board's recommendations and any relevant portions of an adopted comprehensive or
land‑use plan. If a zoning map amendment is adopted and the action
was deemed inconsistent with the adopted plan, the zoning amendment shall
have has the effect of also amending any future land‑use map
in the approved plan, and no additional request or application for a plan
amendment shall be is required. A plan amendment and a zoning
amendment may be considered concurrently. The plan consistency statement is not
subject to judicial review. If a zoning map amendment qualifies as a
"large‑scale rezoning" under G.S. 160D‑602(b), the
governing board statement describing plan consistency may address the overall
rezoning and describe how the analysis and policies in the relevant adopted
plans were considered in the action taken.
."
SECTION 1.(e) G.S. 160D‑944 reads as rewritten:
"§ 160D‑944. Designation of historic districts.
(a) Any local government may, as part of a zoning regulation adopted pursuant to Article 7 of this Chapter or as a development regulation enacted or amended pursuant to Article 6 of this Chapter, designate and from time to time amend one or more historic districts within the area subject to the regulation. Historic districts established pursuant to this Part shall consist of areas that are deemed to be of special significance in terms of their history, prehistory, architecture, or culture and to possess integrity of design, setting, materials, feeling, and association.
Such A development
regulation may treat historic districts either as a separate use district
classification or as districts that overlay other zoning districts. Where
historic districts are designated as separate use districts, the zoning
regulation may include as uses by right or as special uses those uses found by
the preservation commission to have existed during the period sought to be
restored or preserved or to be compatible with the restoration or preservation
of the district.
(b) No historic district or districts shall be designated under subsection (a) of this section until all of the following occur:
(1) An investigation and
report describing the significance of the buildings, structures, features,
sites, or surroundings included in any such the proposed district
and a description of the boundaries of such the district has have
been prepared.
(2) The Department of Natural
and Cultural Resources, acting through the State Historic Preservation
Officer or his or her designee, shall have has made an analysis
of and recommendations concerning such the report and description
of proposed boundaries. Failure of the department Department to
submit its written analysis and recommendations to the governing board within
30 calendar days after a written request for such the analysis
has been received by the Department of Cultural Resources shall relieve relieves
the governing board of any responsibility for awaiting such the analysis,
and the governing board may at any subsequent time thereafter take
any necessary action to adopt or amend its zoning regulation.
(c) The governing board may
also, in its discretion, refer the report and proposed boundaries under
subsection (b) of this section to any local preservation commission or other
interested body for its recommendations prior to taking action to amend the
zoning regulation. With respect to any changes in the boundaries of such a
district, subsequent to its initial establishment, or the creation of
additional districts within the jurisdiction, the investigative studies and
reports required by subdivision (1) of subsection (b) of this section shall be
prepared by the preservation commission and shall be referred to the planning
board for its review and comment according to procedures set forth in the
zoning regulation. Changes in the boundaries of an initial district or proposal
for additional districts shall also be submitted to the Department of Natural
and Cultural Resources in accordance with the provisions of subdivision (2)
of subsection (b) of this section.
On receipt of these reports and recommendations, the local government may proceed in the same manner as would otherwise be required for the adoption or amendment of any appropriate zoning regulation.
(d) The provisions of
G.S. 160D‑910 apply G.S. 160D‑914 applies to
zoning or other development regulations pertaining to historic districts, and
the authority under G.S. 160D‑910(b) that statute for
the ordinance to regulate the location or screening of solar collectors may
encompass requiring the use of plantings or other measures to ensure that the
use of solar collectors is not incongruous with the special character of the
district."
SECTION 1.(f) G.S. 160D‑1102 reads as rewritten:
"§ 160D‑1102. Building code administration.
A local government may create an
inspection department and may appoint inspectors who may be given appropriate
titles, such as building inspector, electrical inspector, plumbing inspector,
housing inspector, zoning inspector, heating and air‑conditioning
inspector, fire prevention inspector, or deputy or assistant inspector, or such
other titles as may be another title generally descriptive of the
duties assigned. Every local government shall perform the duties and
responsibilities set forth in G.S. 160D‑1105 G.S. 160D‑1104
either by (i) creating its own inspection department, (ii) creating a joint
inspection department in cooperation with one or more other units of local
government, pursuant to G.S. 160D‑1105 or Part 1 of Article
20 of Chapter 160A of the General Statutes, (iii) contracting with another unit
of local government for the provision of inspection services pursuant to Part 1
of Article 20 of Chapter 160A of the General Statutes, or (iv) arranging for
the county in which a city is located to perform inspection services within the
city's jurisdiction as authorized by G.S. 160D‑1105 G.S. 160D‑1104
and G.S. 160D‑202.
In the event that any local
government fails to provide inspection services or ceases to provide such inspection
services, the Commissioner of Insurance shall arrange for the provision of such
inspection services, either through personnel employed by the
department or through an arrangement with other units of government. In either
event, the Commissioner shall have has and may exercise within
the local government's planning and development regulation jurisdiction all
powers made available to the governing board with respect to building
inspection under this Article and Part 1 of Article 20 of Chapter 160A of the
General Statutes. Whenever the Commissioner has intervened in this manner, the
local government may assume provision of inspection services only after giving
the Commissioner two years' written notice of its intention to do so; provided,
however, that the Commissioner may waive this requirement or permit
assumption at an earlier date upon finding that such an earlier
assumption will not unduly interfere with arrangements made for the provision
of those services."
SECTION 1.(g) G.S. 160D‑1111 reads as rewritten:
"§ 160D‑1111. Expiration of building permits.
A building permit issued pursuant
to this Article shall expire expires by limitation six months, or
any lesser time fixed by ordinance of the city council, ordinance, after
the date of issuance if the work authorized by the permit has not been
commenced. If, after commencement, the work is discontinued for a period of 12
months, the permit therefor shall immediately expire. No work authorized
by any building permit that has expired shall thereafter be performed
until a new permit has been secured."
SECTION 1.(h) G.S. 160D‑1202 reads as rewritten:
"§ 160D‑1202. Definitions.
The following terms shall have
the meanings whenever used or referred to as indicated when used in this Part unless
a different meaning clearly appears from the context:definitions apply
in this Article:
(1) Owner. The holder of the title in fee simple and every mortgagee of record.
(2) Parties in interest.
All individuals, associations, and corporations who that have
interests of record in a dwelling and any who that are in
possession thereof.of a dwelling.
(3) Public authority. Any
housing authority or any officer who that is in charge of any
department or branch of the government of the city, county, or State relating
to health, fire, building regulations, or other activities concerning dwellings
in the local government.
(4) Public officer. The
officer or officers who are authorized by ordinances adopted hereunder
under this Article to exercise the powers prescribed by the
ordinances and by this Article."
SECTION 2. G.S. 14‑113.9 reads as rewritten:
"§ 14‑113.9. Financial transaction card theft.
(a) A person is guilty of financial transaction card theft when the person does any of the following:
(1) Takes, obtains obtains,
or withholds a financial transaction card from the person, possession, custody
custody, or control of another without the cardholder's consent and
with the intent to use it; or who, with knowledge that it has been so taken, obtained
obtained, or withheld, receives the financial transaction card with
intent to use it or to sell it, or to transfer it to a person other than the
issuer or the cardholder.
(2) Receives a financial
transaction card that he or she knows to have been lost, mislaid, or
delivered under a mistake as to the identity or address of the cardholder, and who
retains possession with intent to use it or to sell it or to transfer it to
a person other than the issuer or the cardholder.
(3) Not being the issuer, sells a financial transaction card or buys a financial transaction card from a person other than the issuer.
(4) Not being the issuer,
during any 12‑month period, receives financial transaction cards issued
in the names of two or more persons which he or she has reason to know
were taken or retained under circumstances which that constitute
a violation of G.S. 14‑113.13(a)(3) and subdivision (3) of
subsection (a) of this section.
(5) With the intent to defraud any person, either (i) uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on another person's financial transaction card, or (ii) receives the encoded information from another person's financial transaction card.
(b) Credit Financial
transaction card theft is punishable as provided by G.S. 14‑113.17(b)."
SECTION 3. G.S. 15A‑151.5 reads as rewritten:
"§ 15A‑151.5. Prosecutor access to expunged files.
(a) Notwithstanding any other provision of this Article, the Administrative Office of the Courts shall make all confidential files maintained under G.S. 15A‑151 electronically available to all prosecutors of this State if the criminal record was expunged on or after July 1, 2018, under any of the following:
(7b) G.S. 15A‑145.8A.
Expunction of records for offenders under the age of 18 at the time of conviction
commission of certain misdemeanors and felonies upon completion of
the sentence.
(c) For any expungement
granted on or after July 1, 2018, the information maintained by the
Administrative Office of the Courts, and made available under subsection (a) of
this section, shall be is prima facie evidence of the expunged
conviction for the purposes provided in subsection (b) of this section and shall
be is admissible into evidence. The expungement of a conviction
shall not serve as a basis to challenge a conviction or sentence entered before
the expungement of that conviction."
SECTION 4.(a) G.S. 18B‑302 reads as rewritten:
"§ 18B‑302. Sale to or purchase by underage persons.
(a) Sale. It shall be is
unlawful for any person to:to do any of the following:
(1) Sell malt beverages or
unfortified wine to anyone less than 21 years old; orold.
(2) Sell fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.
(a1) Give. It shall be is
unlawful for any person to:to do any of the following:
(1) Give malt beverages or
unfortified wine to anyone less than 21 years old; orold.
(2) Give fortified wine, spirituous liquor, or mixed beverages to anyone less than 21 years old.
(b) Purchase, Possession, or
Consumption. It shall be is unlawful for:for a person
less than 21 years old to do any of the following:
(1) A person less than 21
years old to purchase, to Purchase, attempt to purchase, or to possess
malt beverages or unfortified wine; orwine.
(2) A person less than 21
years old to purchase, to Purchase, attempt to purchase, or to possess
fortified wine, spirituous liquor, or mixed beverages; orbeverages.
(3) A person less than 21
years old to consume Consume any alcoholic beverage.
(c) Aider and Abettor.Abettor.
(1) By Underage Person. Any
person who is under the lawful age to purchase and who aids or abets another in
violation of subsection (a), (a1), or (b) of this section shall be is
guilty of a Class 2 misdemeanor.
(2) By Person over Lawful
Age. Any person who is over the lawful age to purchase and who aids or abets
another in violation of subsection (a), (a1), or (b) of this section shall
be is guilty of a Class 1 misdemeanor.
(d) Defense. It shall be
is a defense to a violation of subsection (a) of this section if the
seller:seller does any of the following:
(1) Shows that the purchaser
produced a driver's license, a special identification card issued under
G.S. 20‑37.7, a military identification card, or a passport, showing
his the purchaser's age to be at least the required age for
purchase and bearing a physical description of the person named on the card
reasonably describing the purchaser; orpurchaser.
(2) Produces evidence of other facts that reasonably indicated at the time of sale that the purchaser was at least the required age.
(3) Shows that at the time of purchase, the purchaser utilized a biometric identification system that demonstrated (i) the purchaser's age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller's agent a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport showing the purchaser's date of birth and bearing a physical description of the person named on the document.
(e) Fraudulent Use of
Identification. It shall be is unlawful for any person to enter
or attempt to enter a place where alcoholic beverages are sold or consumed, or
to obtain or attempt to obtain alcoholic beverages, or to obtain or attempt to
obtain permission to purchase alcoholic beverages, in violation of subsection
(b) of this section, by using or attempting to use any of the following:
(1) A fraudulent or altered drivers license.
(2) A fraudulent or altered identification document other than a drivers license.
(3) A drivers license issued to another person.
(4) An identification document other than a drivers license issued to another person.
(5) Any other form or means of identification that indicates or symbolizes that the person is not prohibited from purchasing or possessing alcoholic beverages under this section.
(f) Allowing Use of
Identification. It shall be is unlawful for any person to
permit the use of the person's drivers license or any other form of
identification of any kind issued or given to the person by any other person
who violates or attempts to violate subsection (b) of this section.
(h) Handling in Course of
Employment. Nothing in this section shall be
construed to prohibit prohibits an underage person from selling,
transporting, possessing possessing, or dispensing alcoholic
beverages in the course of employment, if the employment of the person for that
purpose is lawful under applicable youth employment statutes and Commission
rules.
(i) Purchase, Possession, or Consumption by 19 or 20‑Year Old. A violation of subdivision (b)(1) or (b)(3) of this section by a person who is 19 or 20 years old is a Class 3 misdemeanor.
(j) Screening Test. Notwithstanding
any other provisions of law, a law enforcement officer may require any person
the officer has probable cause to believe is under age 21 less than
21 years old and has consumed alcohol to submit to an alcohol screening
test using a device approved by the Department of Health and Human Services.
The results of any screening device administered in accordance with the rules
of the Department of Health and Human Services shall be are admissible
in any court or administrative proceeding. A refusal to submit to an alcohol
screening test shall be is admissible in any court or
administrative proceeding.
(k) Exception. Notwithstanding
the provisions in this section, it shall is not be unlawful
for a person less than 21 years old to consume unfortified wine or fortified
wine during participation in an exempted activity under G.S. 18B‑103(4),
(8), or (11)."
SECTION 4.(b) G.S. 18B‑900 reads as rewritten:
"§ 18B‑900. Qualifications for permit.
(a) Requirements. To be eligible to receive and to hold an ABC permit, a person must satisfy all of the following requirements:
(1) Be at least 21 years old.
selling
only malt beverages and unfortified wine,
(2) Be a resident of North Carolina
unless:Carolina, unless any of the following apply:
a. He The person is
an officer, director director, or stockholder of a corporate
applicant or permittee and is not a manager or otherwise responsible for the
day‑to‑day operation of the business; orbusiness.
b. He The person has
executed a power of attorney designating a qualified resident of this State to
serve as attorney in fact for the purposes of receiving service of process and
managing the business for which permits are sought; orsought.
c. He The person is
applying for a nonresident malt beverage vendor permit, a nonresident wine
vendor permit, or a vendor representative permit.
(3) Not have been convicted
of a felony within three years, and, if convicted of a felony before then, has
have had his or her citizenship restored.
(4) Not have been convicted of an alcoholic beverage offense within two years.
(5) Not have been convicted of a misdemeanor controlled substance offense within two years.
(6) Not have had an alcoholic beverage permit revoked within three years, except where the revocation was based solely on a permittee's failure to pay the annual registration and inspection fee required in G.S. 18B‑903(b1).
(7) Not have, whether as an individual or as an officer, director, shareholder or manager of a corporate permittee, an unsatisfied outstanding final judgment that was entered against him or her in an action under Article 1A of this Chapter.
(8) Be current in filing all applicable tax returns to the State and in payment of all taxes, interest, and penalties that are collectible under G.S. 105‑241.22. This subdivision does not apply to the following ABC permits:
a. Special occasion permit under G.S. 18B‑1001(8).
b. Limited special occasion permit under G.S. 18B‑1001(9).
c. Special one‑time permit under G.S. 18B‑1002.
d. Salesman permit under G.S. 18B‑1111.
To avoid undue hardship, however, the
Commission may decline to take action under G.S. 18B‑104 against a
permittee who is in violation of subdivisions (3), (4), or (5).(5) of
this subsection.
(b) Definition of
Conviction. A person has been "convicted" for the purposes of
subsection (a) of this section when he the person has been
found guilty, or has entered a plea of guilty or nolo contendere, and judgment
has been entered against him. entered. A felony conviction in
another jurisdiction shall disqualify disqualifies a person from
being eligible to receive or hold an ABC permit if his the conduct
would also constitute a felony in North Carolina. A conviction of an alcoholic
beverage offense or misdemeanor drug offense in another jurisdiction shall
disqualify disqualifies a person from being eligible to receive or
hold an ABC permit if his the conduct would constitute an offense
in North Carolina, unless the Commission determines that under North Carolina
procedure judgment would not have been entered under the same circumstances.
Revocation of a permit in another jurisdiction shall disqualify disqualifies
a person if his the conduct would be grounds for revocation
in North Carolina.
(c) Who Must Qualify;
Exceptions. For an ABC permit to be issued to and held for a business, each
of the following persons associated with that business must qualify under
subsection (a):(a) of this section:
(1) The owner of a sole proprietorship.
(2) Each member of a firm, association
association, or general partnership.
(2a) Each general partner in a limited partnership.
(2b) Each manager and any member with a twenty‑five percent (25%) or greater interest in a limited liability company.
(3) Each officer, director
director, and owner of twenty‑five percent (25%) or more of
the stock of a corporation except that the requirement of subdivision (a)(1)
does not apply to such an the officer, director, or stockholder
unless he or she is a manager or is otherwise responsible for the day‑to‑day
operation of the business.
(4) The manager of an establishment operated by a corporation.
(5) Any manager who has been empowered as attorney‑in‑fact for a nonresident individual or partnership.
(6) Any manager or person
otherwise responsible for the day‑to‑day operation of the business,
if none of the persons listed in subdivisions (1) through (5) of this
subsection are is a manager or person otherwise responsible for
the day‑to‑day operation of the business.
(d) Manager of Off‑Premises
Establishment. Although he need the manager of an establishment
operated by a corporation and holding off‑premises permits for malt
beverages, unfortified wine, or fortified wine is not otherwise required
to meet the requirements of this section, the manager of an
establishment operated by a corporation and holding off‑premises permits
for malt beverages, unfortified wine, or fortified wine shall must be
at least 19 years old and shall must meet the requirements of
subdivisions (3), (4), (5) and (6) of subsection (a).(a) of this section.
(f) Procedure to Confirm
State Tax Compliance. Upon request of the Commission, the Department of
Revenue must provide information to the Commission to confirm a person's
compliance with subdivision (a)(8) of this section. If the Department of Revenue
notifies the Commission that a person is not in compliance, then the Commission
may shall not issue or renew the person's permit until the
Commission receives notice from the Department of Revenue that the person is in
compliance. The requirement to pay all taxes, interest, and penalties may be
satisfied by an operative agreement under G.S. 105‑237 covering any
amounts that are collectible under G.S. 105‑241.22. Chapter 150B of
the General Statutes does not apply to a Commission action on issuance, suspension,
or revocation of an ABC permit under subdivision (a)(8) of this section."
SECTION 5. G.S. 42‑34.1, as amended by Section 8 of S.L. 2021‑47, reads as rewritten:
"§ 42‑34.1. Rent pending execution of judgment; post bond pending appeal.
(a) If the judgment in
district court is against the defendant appellant, it shall be is sufficient
to stay execution of the judgment during the 30‑day time period for
taking an appeal provided for in Rule 3 of the North Carolina Rules of
Appellate Procedure if the defendant appellant posts a bond as provided in G.S.
42‑34(b), and no G.S. 42‑34(b). No additional
security under G.S. 1‑292 is required. If the defendant appellant
fails to make rental payments as provided in the undertaking within five
business days of the day rent is due under the terms of the residential rental
agreement, the clerk of superior court shall, upon application of the plaintiff
appellee, immediately issue a writ of possession, and the sheriff shall
dispossess the defendant appellant as provided in G.S. 42‑36.2.
(a1) If the judgment in
district court is against the defendant appellant and the defendant appellant
does not appeal the judgment, the defendant appellant shall pay rent to the
plaintiff for the time the defendant appellant remains in possession of the
premises after the judgment is given. Rent shall be prorated if the judgment is
executed before the day rent would become due under the terms of the lease. The
clerk of court shall disperse disburse any rent in arrears paid
by the defendant appellant in accordance with a stipulation executed by all
parties or, if there is no stipulation, in accordance with the judge's order.
(b) If the judgment in
district court is against the defendant appellant and the defendant appellant
appeals the judgment, it shall be is sufficient to stay execution
of the judgment if the defendant appellant posts a bond as provided in G.S.
42‑34(b), and no G.S. 42‑34(b). No additional
security under G.S. 1‑292 is required. If the defendant appellant
fails to perfect the appeal or the appellate court upholds the judgment of the
district court, the execution of the judgment shall proceed. The clerk of court
shall not disperse disburse any rent in arrears paid by the
defendant appellant until all appeals have been resolved."
SECTION 6. G.S. 50‑13.7 reads as rewritten:
"§ 50‑13.7. Modification of order for child support or custody.
(a) Except as otherwise
provided in G.S. 50‑13.7A, an An order of a court of this
State for support of a minor child may be modified or vacated at any time, upon
motion in the cause and a showing of changed circumstances by either party or
anyone interested subject to the limitations of G.S. 50‑13.10.
Subject to the provisions of G.S. 50A‑201, 50A‑202, and
50A‑204, an order of a court of this State for custody of a minor child
may be modified or vacated at any time, upon motion in the cause and a showing
of changed circumstances by either party or anyone interested.
(b) When an order for
support of a minor child has been entered by a court of another state, a court
of this State may, upon gaining jurisdiction, and upon a showing of changed
circumstances, enter a new order for support which that modifies
or supersedes such the order for support, subject to the
limitations of G.S. 50‑13.10. Subject to the provisions of G.S. 50A‑201,
50A‑202, and 50A‑204, when an order for custody of a minor child
has been entered by a court of another state, a court of this State may, upon
gaining jurisdiction, and a showing of changed circumstances, enter a new order
for custody which that modifies or supersedes such the order
for custody."
SECTION 7. G.S. 85B‑3.2 reads as rewritten:
"§ 85B‑3.2. Criminal history record checks of applicants for licensure.
(a) Definitions. The
following definitions shall apply in this section:
(1) Applicant. An applicant for initial licensure as an auctioneer, apprentice auctioneer, or auction firm.
(2) Criminal history. A State or federal history of conviction of a crime, whether a misdemeanor or felony, that bears upon an applicant's fitness to be licensed as an auctioneer, apprentice auctioneer, or auction firm.
(c) All releases of criminal
history information to the Commission shall be are subject to,
and in compliance shall comply with, rules governing the
dissemination of criminal history record checks as adopted by the North
Carolina Department of Public Safety. All of the information the Commission
receives through the checking of the criminal history is for the exclusive use
of the Commission and shall be kept confidential.
(d) If the applicant's
verified criminal history record check reveals one or more convictions of a
crime that is punishable as a felony offense, or the conviction of any crime
involving fraud or moral turptitude, turpitude, the Commission
may deny the applicant's license. However, the conviction shall does not
automatically prohibit licensure, and the following factors shall be considered
by the Commission in determining whether licensure
shall be denied:to deny licensure:
(1) The level and seriousness of the crime.
(2) The date of the crime.
(3) The age of the person at the time of the crime.
(4) The circumstances surrounding the commission of the crime, if known.
(5) The nexus between the criminal conduct of the applicant and the applicant's duties as an auctioneer, apprentice auctioneer, or auction firm.
(6) The prison, jail, probation, parole, rehabilitation, and employment records of the applicant since the date the crime was committed.
(7) The subsequent commission by the person of a crime.
."
SECTION 8. G.S. 90B‑9.1 reads as rewritten:
"§ 90B‑9.1. Nonpracticing status.
(a) Any person certified or
licensed and desiring to retire temporarily from the practice of social work
shall send written notice thereof to the Board. Upon receipt of such the
notice, his or her certificate or license shall be placed on nonpracticing
status. During a period of nonpracticing status, the certificate or license
holder shall not be is not subject to payment of renewal fees and
shall not be is not subject to continuing education requirements
corresponding to his or her credential. Social workers whose certificate or
license has been placed on nonpracticing status shall not refer to themselves
as certified or licensed by the Board and shall not engage in social work practice
that requires an active certificate or license under this Chapter.
(b) In order to reactivate a
certificate or license that has been placed on nonpracticing status, a person
shall apply to the Board by making a written request for reactivation. Upon
payment of the renewal fee as provided in G.S. 90‑6.2, G.S. 90B‑6.2,
and upon receipt of documentation to the satisfaction of the Board that
continuing education requirements for the certification or licensure are
complete, the Board shall reactivate the certificate or license of an applicant
who is otherwise qualified under this Chapter."
SECTION 9.(a) Sub‑subdivision (e)(3)b. of G.S. 108A‑58.2 is recodified as sub‑subdivision (e)(3)c1. of that section.
SECTION 9.(b) G.S. 108A‑58.2, as amended by subsection (a) of this section, reads as rewritten:
"§ 108A‑58.2. Waiver of transfer of assets penalty due to undue hardship.
(b) When a Medicaid
applicant who is requesting Medicaid to pay for institutional care requests a
waiver of a penalty period due to undue hardship, the determination of whether
to waive the penalty period shall be processed as part of the Medicaid
application and is subject to the application processing standards set forth in
10A NCAC 21B.0203.10A NCAC 23C .0201.
(d) As required by 42 U.S.C.
§ 1396p(c)(2)(D), the facility in which an institutionalized individual is
residing may request an undue hardship waiver on behalf of the
institutionalized individual with the written consent of the individual or the
personal representative of the individual. A facility applying for a waiver for
an individual residing in the facility shall adhere to the requirements of this
section but shall not be is not required to advance the costs of
acquiring an attorney to aid the institutionalized individual.
(e) Except as provided for
in subsection (f) of this section, undue hardship exists if the imposition of
the penalty period would deprive the individual of medical care, such that the
individual's health or life would be endangered; endangered, or
of food, clothing, shelter, or other necessities of life. The individual must
provide the information and documentation necessary to demonstrate to the
director of the county department of social services or the director's designee
that:all of the following:
(1) The individual currently
has no alternative income or resources available to provide the medical care or
food, clothing, shelter, or other necessities of life that the individual would
be deprived of due to the imposition of the penalty; andpenalty.
(2) The individual or some
other person acting on the individual's behalf is making a good faith effort to
pursue all reasonable means to recover the transferred asset or the fair market
value of the transferred asset, which may include:including any of
the following:
a. Seeking the advice of an
attorney and pursuing legal or equitable remedies such as asset freezing,
assignment, or injunction; or injunction.
a1. seeking Seeking modification,
avoidance, or nullification of a financial instrument, promissory note, loan,
mortgage or other property agreement, or other similar transfer agreement;
andagreement.
b. Cooperating with any attempt to recover the transferred asset or the fair market value of the transferred asset.
(3) The following definitions
shall apply to apply in this subsection.subsection:
b. Recodified.
c. "Income"
means all Income. All income of the individual and the community
spouse less a protected amount for the community spouse equal to the minimum
monthly maintenance needs allowance as determined under 42 U.S.C. § 1396r‑5(d),
including in all circumstances the excess shelter allowance described under 42
U.S.C. § 1396r‑5(d)(3)(A)(ii), without regard to any adjustment that
would be made under 42 U.S.C. § 1396r‑5(e), plus fifty percent (50%) of such
the income in excess of the protected amount.
c1. "Other necessities
of life" includes Other necessities of life. Includes basic,
life sustaining utilities, including water, heat, electricity, phone, and other
items or activities that without which the individual's health or life would be
endangered.
d. "Resources"
means all Resources. All resources of the individual and of the
community spouse except the homesite in which the individual or community
spouse has an equity interest not exceeding five hundred thousand dollars
($500,000), a motor vehicle in which the individual or community spouse has an
equity interest not exceeding thirty thousand dollars ($30,000), personal
property, and, in the case of a community spouse, a portion of such other
resources in an amount equal to the community spouse resource allowance as defined
by 42 U.S.C. § 1396r‑5(f)(2), provided that such amount shall so
long as the amount does not exceed sixty percent (60%) of the maximum
community spouse resource allowance as defined by 42 U.S.C. § 1396r‑5(f)(2)(A)(ii).
For purposes of this sub‑subdivision, "homesite" means the
principal place of residence of the individual or the community spouse in which
the individual or community spouse has an equity interest.
(f) An undue hardship shall
does not exist when the application of a transfer of assets penalty
merely causes the individual an inconvenience or restricts the individual's
lifestyle.
(i) While the determination
on a request for a waiver of the penalty period due to undue hardship is
pending, Medicaid shall not make payments for services in a nursing
facility services or in an intermediate care facility for the
mentally retarded services individuals with intellectual disabilities to
hold a bed for the individual, as described in 42 U.S.C. § 1396p(c)(2)(D).
However, if the individual is institutionalized and receiving Medicaid payment
for services, Medicaid will maintain the same level of services until the last
day of the month after the latter of the following:
(1) Expiration of the 10
workday period following the notice required by G.S. 108A‑79, orG.S. 108A‑79.
(2) The date of the decision of a local appeal hearing described in G.S. 108A‑79 is issued if the individual requests an appeal of the imposition of a transfer of assets penalty period within the 10 workday period described in subdivision (1) of subsection (i) of this section."
SECTION 9.(c) G.S. 108A‑61.1 reads as rewritten:
"§ 108A‑61.1. Financial responsibility of a parent for a child under age 21 in a medical institution.
Notwithstanding any other
provisions of the law, for the purpose of determining eligibility for medical
assistance under Title XIX of the Social Security Act, 42 U.S.C. § 1396 et
seq., the income and financial resources of the natural or adoptive parents of
a person who is under the age of 21 and who requires Medicaid covered services
in a medical institution shall not be counted if the patient's physician
certifies, and the Division of Health Benefits or its agents approve, that
continuous care and treatment are expected to exceed 12 months. For purposes of
this subsection, "medical institution" means licensed acute care
inpatient medical facilities providing medical, surgical, and psychiatric or
substance abuse treatment, or facilities providing skilled or intermediate
care, including intermediate care for the mentally retarded.individuals
with intellectual disabilities."
SECTION 9.(d) Subdivision (b)(1) of G.S. 108A‑70.5 is recodified as subdivision (b)(4) of that section. Sub‑sub‑subdivisions b.3a. and 4. of that subdivision are recodified as sub‑sub‑subdivisions b.4. and 5. of that subdivision, respectively.
SECTION 9.(e) G.S. 108A‑70.5, as amended by subsection (d) of this section, reads as rewritten:
"§ 108A‑70.5. Medicaid Estate Recovery Plan.
(b) The following definitions apply in this section:
(1) Recodified.
(2) Estate. All the real
and personal property considered assets of the estate available for the
discharge of debt pursuant to G.S. 28A‑15‑1. The Department
has all rights available to estate creditors, including the right to qualify as
personal representative or collector of an estate. For individuals who have
received benefits under a qualified long‑term care partnership policy as
described in G.S. 108A‑70.4, "estate" this term also
includes any other real and personal property and other assets in which the
individual had any legal title or interest at the time of death (to the extent
of such the interest), including assets conveyed to a survivor,
heir, or assign of the deceased individual through joint tenancy, tenancy in
common, survivorship, life estate, living trust, or other arrangement.
(3) Repealed by Session Laws 2007‑442, s. 1, effective August 23, 2007.
(4) Medical assistance.
Medical care services paid for by the North Carolina Medicaid Program on behalf
of the recipient:recipient as follows:
a. If the recipient of any
age is receiving medical care services as an inpatient in a nursing facility,
intermediate care facility for the mentally retarded, individuals
with intellectual disabilities, or other medical institution, and cannot
reasonably be expected to be discharged to return home; orhome.
b. If the recipient is 55 years of age or older and is receiving one or more of the following medical care services:
1. Nursing facility services.
2. Home and community‑based services.
3. Hospital care.
4. Prescription drugs.
5. Personal care services.
(c) The amount the
Department recovers from the estate of any recipient shall not exceed the
amount of medical assistance made on behalf of the recipient and shall be is
recoverable only for medical care services prescribed in subsection (b) of
this section. The Department is a sixth‑class creditor, as prescribed in
G.S. 28A‑19‑6, for purposes of determining the order of claims
against an estate; provided, however, that judgments in favor of
other sixth‑class creditors docketed and in force before the Department
seeks recovery for medical assistance shall be paid prior to recovery by the
Department.
."
SECTION 9.(f) G.S. 28A‑14‑1 reads as rewritten:
"§ 28A‑14‑1. Notice for claims.
(a) Every personal
representative and collector after the granting of letters shall notify all
persons, firms firms, and corporations having claims against the
decedent to present the same their claims to such the personal
representative or collector, on or before a day to be named in such the
notice, which day must be at least three months from the day of the first
publication or posting of such the notice. The notice shall set
out a mailing address for the personal representative or collector. The notice
shall be published once a week for four consecutive weeks in a newspaper
qualified to publish legal advertisements, if any such newspaper is published
in the county. If there is no newspaper published in the county, but there is a
newspaper having general circulation in the county, then at the option of the
personal representative, or collector, the notice shall be published once a
week for four consecutive weeks in the newspaper having general circulation in
the county and posted at the courthouse or the notice shall be posted at the
courthouse and four other public places in the county. Personal representatives
are not required to publish or mail notice to creditors if the only asset of
the estate consists of a claim for damages arising from death by wrongful act.
When any collector or personal representative of an estate has published or
mailed the notice provided for by this section, no further publication or
mailing shall be required by any other collector or personal representative.
(b) Prior to filing the
proof of notice required by G.S. 28A‑14‑2, every personal
representative and collector shall personally deliver or send by first class
mail to the last known address a copy of the notice required by subsection (a)
of this section to all persons, firms, and corporations having unsatisfied
claims against the decedent who that are actually known or can be
reasonably ascertained by the personal representative or collector within 75
days after the granting of letters and, if at the time of the decedent's death
the decedent was receiving medical assistance as defined by G.S. 108A‑70.5(b)(1),
G.S. 108A‑70.5(b), to the Division of Health Benefits
of the Department of Health and Human Services, Division of Health
Benefits. Provided, however, no notice shall be Services. No notice,
however, is required to be delivered or mailed with respect to any claim
that is recognized as a valid claim by the personal representative or
collector.
(c) The personal
representative or collector may personally deliver or mail by first class mail
a copy of the notice required by subsection (a) of this section to all
creditors of the estate whose names and addresses can be ascertained with
reasonable diligence. If the personal representative or collector in good faith
believes that the notice required by subsection (b) of this section to a
particular creditor is or may be required and gives notice based on that
belief, the personal representative or collector is not liable to any person
for giving the notice, whether or not the notice is actually required by
subsection (b) of this section. If the personal representative or collector in
good faith fails to give notice required by subsection (b) of this section, the
personal representative or collector is not liable to any person for such the
failure."
SECTION 9.(g) G.S. 36C‑8‑818 reads as rewritten:
"§ 36C‑8‑818. Notice of deceased Medicaid beneficiaries.
If a trust was established by a
person who at the time of that person's death was receiving medical assistance,
as defined in G.S. 108A‑70.5(b)(1), G.S. 108A‑70.5(b),
and the trust was revocable at the time of that person's death, then any
trustee of that trust who that knows of the medical assistance
within 90 days of the person's death shall provide notice of that person's
death to the Division of Health Benefits of the Department of Health and
Human Services, Division of Health Benefits, within 90 days of the
person's death. This section does not apply to trustees of preneed funeral
trusts established or created pursuant to Article 13D of Chapter 90 of the
General Statutes."
SECTION 9.(h) G.S. 122C‑23 reads as rewritten:
"§ 122C‑23. Licensure.
(a) No person shall
establish, maintain, or operate a licensable facility for the mentally ill,
developmentally disabled, individuals with mental illnesses, individuals
with intellectual or other developmental disabilities, or substance abusers
without a current license issued by the Secretary.
(b) Each license is issued
to the person only for the premises named in the application and shall not
be is not transferrable or assignable except with prior written
approval of the Secretary.
(c) Any person who that
intends to establish, maintain, or operate a licensable facility shall
apply to the Secretary for a license. The Secretary shall prescribe by rule the
contents of the application forms.
(d) The Secretary shall issue a license if the Secretary finds that the person complies with this Article and the rules of the Commission and Secretary.
(e) Initial licenses issued
under the authority of this section shall be are valid for
not more than 15 months. Licenses shall be renewed annually thereafter and
shall expire at the end of the calendar year. The expiration date of a license
shall be specified on the license when issued. Renewal of a regular license is
contingent upon receipt of information required by the Secretary for renewal
and continued compliance with this Article and the rules of the Commission and
the Secretary. Licenses for facilities that have not served any clients during
the previous 12 months are not eligible for renewal.
The Secretary may issue a provisional license for a period up to six months to a person obtaining the initial license for a facility. The licensee must demonstrate substantial compliance prior to being issued a full license.
A provisional license for a period
not to exceed six months may be granted by the Secretary to a person who that
is temporarily unable to comply with a rule when the noncompliance does not
present an immediate threat to the health and safety of the individuals in the
licensable facility. During this period the licensable facility shall correct
the noncompliance based on a plan submitted to and approved by the Secretary. A
provisional license for an additional period of time to meet the noncompliance may
shall not be issued.
(e1) Except as provided in subsection (e2) of this section, the Secretary shall not enroll any new provider for Medicaid Home or Community Based services or other Medicaid services, as defined in 42 C.F.R. 440.90, 42 C.F.R. 440.130(d), and 42 C.F.R. 440.180, or issue a license for a new facility or a new service to any applicant meeting any of the following criteria:
(1) The applicant was the owner, principal, or affiliate of a licensable facility under Chapter 122C, Chapter 131D, or Article 7 of Chapter 110 of the General Statutes that had its license revoked until 60 months after the date of the revocation.
(2) The applicant is the owner, principal, or affiliate of a licensable facility that was assessed a penalty for a Type A or Type B violation under Article 3 of this Chapter, or any combination thereof, and any one of the following conditions exist:
a. A single violation has been assessed in the six months prior to the application.
b. Two violations have been assessed in the 18 months prior to the application and 18 months have not passed from the date of the most recent violation.
c. Three violations have been assessed in the 36 months prior to the application and 36 months have not passed from the date of the most recent violation.
d. Four or more violations have been assessed in the 60 months prior to application and 60 months have not passed from the date of the most recent violation.
(3) The applicant is the owner, principal, or affiliate of a licensable facility that had its license summarily suspended or downgraded to provisional status as a result of violations under G.S. 122C‑24.1(a) until 60 months after the date of reinstatement or restoration of the license.
(4) The applicant is the owner, principal, or affiliate of a licensable facility that had its license summarily suspended or downgraded to provisional status as a result of violations under Article 1A of Chapter 131D of the General Statutes until 60 months after the date of reinstatement or restoration of the license.
(e3) For purposes of subdivision
(e1)(2), fines assessed prior to October 23, 2002, are not applicable to this
provision. However, licensure Licensure or enrollment shall be
denied if an applicant's history as a provider under Chapter 131D, Chapter
122C, or Article 7 of Chapter 110 of the General Statutes is such that
the Secretary has concluded the applicant will likely be unable to comply with
licensing or enrollment statutes, rules, or regulations. In the event the
Secretary denies licensure or enrollment under this subsection, the reasons for
the denial and appeal rights pursuant to Article 3 of Chapter 150B shall be
given to the provider in writing.
(f) Upon written application
and in accordance with rules of the Commission, the Secretary may for good
cause waive any of the rules implementing this Article, provided so
long as those rules do not affect the health, safety, or welfare of the
individuals within the licensable facility. Decisions made pursuant to this
subsection may be appealed to the Commission for a hearing in accordance with
Chapter 150B of the General Statutes.
(g) The Secretary may suspend the admission of any new clients to a facility licensed under this Article where the conditions of the facility are detrimental to the health or safety of the clients. This suspension shall be for the period determined by the Secretary and shall remain in effect until the Secretary is satisfied that conditions or circumstances merit removal of the suspension. In suspending admissions under this subsection, the Secretary shall consider the following factors:
(1) The degree of sanctions
necessary to ensure compliance with this section and rules adopted to implement
this subsection, andsubsection.
(2) The character and degree of impact of the conditions at the facility on the health or safety of its clients.
A facility may contest a suspension of admissions under this subsection in accordance with Chapter 150B of the General Statutes. In contesting the suspension of admissions, the facility must file a petition for a contested case within 20 days after the Department mails notice of suspension of admissions to the licensee.
(h) The Department shall charge facilities licensed under this Chapter a nonrefundable annual base license fee plus a nonrefundable annual per‑bed fee as follows:
Type of Facility Number of Beds Base Fee Per‑Bed Fee
Facilities (non‑ICF/MR):
(non‑ICF/IID): 0 beds $215.00 $0
1 to 6 beds $305.00 $0
More than 6 beds $475.00 $17.50
ICF/MR ICF/IID Only: 1
to 6 beds $845.00 $0
More than 6 beds $800.00 $17.50
."
SECTION 9.(i) G.S. 131E‑267 reads as rewritten:
"§ 131E‑267. Fees for departmental review of licensed health care facility or Medical Care Commission bond‑financed construction projects.
(a) The Department of Health
and Human Services shall charge a fee for the review of each health care
facility construction project to ensure that project plans and construction are
in compliance with State law. The fee shall be charged on a one‑time, per‑project
basis as provided in this section. In no event may shall a fee
imposed under this section exceed two hundred thousand dollars ($200,000) for
any single project. The first seven hundred twelve thousand six hundred twenty‑six
dollars ($712,626) in fees collected under this section shall remain in the
Division of Health Service Regulation. Additional fees collected shall be
credited to the General Fund as nontax revenue and are intended to offset
rather than replace appropriations made for this purpose.
(g) The fee imposed for the review of the following residential construction projects is:
Residential Project Project Fee
Family Care Homes $225.00 flat fee
ICF/MR ICF/IID Group Homes $350.00
flat fee
Group Homes: 1‑3 beds $125.00 flat fee
Group Homes: 4‑6 beds $225.00 flat fee
Group Homes: 7‑9 beds $275.00 flat fee
Adult Day Care
Overnight Respite Facility $225.00 flat fee
Adult Day Health
Overnight Respite Facility $225.00 flat fee
Other residential:
More than 9 beds $275.00 plus $0.15 per square foot of
project space."
SECTION 9.(j) G.S. 131E‑272 reads as rewritten:
"§ 131E‑272. Initial licensure fees for new facilities.
The following fees are initial licensure fees for new facilities and are applicable as follows:
Number Initial Initial
Facility Type of Beds License Fee Bed Fee
Adult Care Licensure More than 6 $400.00 $19.00
6 or Fewer $350.00 $ ‑
Acute and Home Care
General Acute Hospitals 1‑49 $550.00 $19.00
50‑99 $750.00 $19.00
100‑199 $950.00 $19.00
200‑399 $1150.00 $19.00
400‑699 $1550.00 $19.00
700+ $1950.00 $19.00
Other Hospitals $1050.00 $19.00
Home Care ‑ $560.00 $ ‑
Ambulatory Surgical Ctrs. ‑ $900.00 $85.00
Hospice (Free Standing) ‑ $450.00 $ ‑
Abortion Clinics ‑ $750.00 $ ‑
Cardiac Rehab. Centers ‑ $425.00 $ ‑
Nursing Home & L&C
Nursing Homes $470.00 $19.00
All Others $ ‑ $19.00
Mental Health Facilities
Nonresidential $265.00 $ ‑
Non ICF‑MRNon ICF/IID 6 or
fewer $350.00 $ ‑
ICF‑MR ICF/IID only 6
or fewer $900.00 $ ‑
Non ICF‑MRNon ICF/IID More
than 6 $525.00 $19.00
ICF‑MR ICF/IID only More
than 6 $850.00 $19.00."
SECTION 9.(k) G.S. 160D‑907 reads as rewritten:
"§ 160D‑907. Family care homes.
(a) The General Assembly finds it is the public policy of this State to provide persons with disabilities with the opportunity to live in a normal residential environment.
(b) As used in this section, the following definitions apply:
(1) Family care home. A home with support and supervisory personnel that provides room and board, personal care, and habilitation services in a family environment for not more than six resident persons with disabilities.
(2) Person with disabilities.
A person with a temporary or permanent physical, emotional, or mental
disability, including, but not limited to, mental retardation, an
intellectual or other developmental disability, cerebral palsy, epilepsy,
autism, hearing and sight impairments, emotional disturbances, and orthopedic
impairments but not including mentally ill persons with a mental
illness who are dangerous to others as defined in G.S. 122C‑3(11)b.
(c) A family care home shall
be is deemed a residential use of property for zoning purposes and shall
be is a permissible use in all residential districts. No local
government may shall require that a family care home, its owner,
or operator obtain, because of the use, a special use permit or variance from
any such zoning regulation; provided, however, that a local
government may prohibit a family care home from being located within a one‑half
mile radius of an existing family care home.
(d) A family care home shall
be is deemed a residential use of property for the purposes of
determining charges or assessments imposed by local governments or businesses
for water, sewer, power, telephone service, cable television, garbage and trash
collection, repairs or improvements to roads, streets, and sidewalks, and other
services, utilities, and improvements."
SECTION 10. G.S. 113‑276 reads as rewritten:
"§ 113‑276. Exemptions and exceptions to license and permit requirements.
(a), (b) Repealed by Session Laws 1979, c. 830, s. 1.
(c) Except as otherwise
provided in this Subchapter, every landholder, his landholder's spouse,
and dependents under 18 years of age residing with him the landholder
may take wildlife upon the land held by the landholder without any license
required by G.S. 113‑270.1B or G.S. 113‑270.3(a), except
that such these persons are not exempt from the American
alligator licenses established in G.S. 113‑270.3(b)(6) and
G.S. 113‑270.3(b)(7), elk licenses established in G.S. 113‑270.3(b)(8)
and G.S. 113‑270.3(b)(9), bear management stamp established in
G.S. 113‑270.3(b)(1b), and the falconry license described in
G.S. 113‑270.3(b)(4).
(d) Except as otherwise
provided in this Subchapter, individuals under 16 years of age are exempt from
the hunting and trapping license requirements of G.S. 113‑270.1B(a)
and G.S. 113‑270.3, except that such these individuals
are not exempt from the American alligator licenses established in
G.S. 113‑270.3(b)(6) and G.S. 113‑270.3(b)(7), elk
licenses established in G.S. 113‑270.3(b)(8) and G.S. 113‑270.3(b)(9),
and the falconry license described in G.S. 113‑270.3(b)(4).
Individuals under 16 years of age may hunt under this exemption, provided
that so long as the hunter is accompanied by an adult of at least 18
years of age who is licensed to hunt in this State. For purposes of this
section, "accompanied" means that the licensed adult maintains a
proximity that enables the adult to monitor the activities of the hunter by
remaining within sight and hearing distance at all times without use of
electronic devices. Upon successfully obtaining the hunter education
certificate of competency required by G.S. 113‑270.1A(a), a hunter
may hunt under the license exemption until age 16 without adult accompaniment.
Individuals under 16 years of age are exempt from the fishing license
requirements of G.S. 113‑270.1B(a), 113‑272, G.S. 113.270.1B(a)
and 113‑271.G.S. 113‑271.
(e) Repealed by Session Laws 2005‑455, s. 1.11.
(f) A special device license
is not required when a landing net is used:used in any of the
following applications:
(1) To take nongame fish in
inland fishing waters; orwaters.
(2) To assist in taking fish in inland fishing waters when the initial and primary method of taking is by the use of hook and line so long as applicable hook‑and‑line fishing‑license requirements are met.
As used in this subsection, a "landing net" is a net with a handle not exceeding eight feet in length and with a hoop or frame to which the net is attached not exceeding 60 inches along its outer perimeter.
(g) Bow nets covered by a
special device license may be used in waters and during the seasons authorized
in the rules of the Wildlife Resources Commission by an individual other than
the licensee with the permission of the licensee. The individual using
another's bow net must also secure the net owner's special device license and
keep it on or about his the individual's person while fishing in
inland fishing waters.
(h) Repealed by Session Laws 1979, c. 830, s. 1.
(i) A food server may
prepare edible wildlife lawfully taken and possessed by a patron for serving to
the patron and any guest he the patron may have. The Executive
Director may provide for the keeping of records by the food server necessary
for administrative control and supervision with respect to wildlife brought in
by patrons.
(k) Box‑trapped
rabbits may be released for the purpose of training dogs on an area of private
land which that is completely enclosed with a metal fence through
which rabbits may not escape or enter at any time. The Wildlife Resources
Commission may establish rules to set standards for areas on which rabbits are
released. A person may participate in a field trial for beagles without a
hunting license if approved in advance by the Executive Director, conducted
without the use or possession of firearms, and on an area of not more than 100
acres of private land which that is completely and permanently
enclosed with a metal fence through which rabbits may not escape or enter at
any time.
(l2) A resident of
this State who is a member of the Armed Forces of the United States serving
outside the State, or who is serving on full‑time active military duty
outside the State in a reserve component of the Armed Forces of the United
States as defined in 10 U.S.C. § 10101, is exempt from the hunting and
fishing license requirements of G.S. 113‑270.1B, G.S. 113‑270.3(b)(1),
G.S. 113‑270.3(b)(3), G.S. 113‑270.3(b)(5), G.S. 113‑271,
G.S. 113‑272.2(c)(1), and the Coastal Recreational Fishing
License requirements of G.S. 113‑174.2 while that person is on leave
in this State for 30 days or less. In order to qualify for the exemption
provided under this subsection, the person shall have on his or her person at
all times during the hunting or fishing activity the person's military
identification card and a copy of the official document issued by the person's
service unit confirming that the person is on authorized leave from a duty
station outside this State.
A person exempted from licensing
requirements under this subsection is responsible for complying with any
reporting requirements prescribed by rule of the Wildlife Resources Commission,
complying with the hunter education requirements of G.S. 113‑270.1A,
purchasing any federal migratory waterfowl stamps as a result of waterfowl
hunting activity, and complying with any other requirements that apply to the
holder of a North Carolina license is subject to.license.
(m) The fourth day of July of each year is declared a free fishing day to promote the sport of fishing and no hook‑and‑line fishing license is required to fish in any of the public waters of the State on that day. All other laws and rules pertaining to hook‑and‑line fishing apply.
(n) The Wildlife Resources
Commission may adopt rules to exempt individuals from the hunting and fishing
license requirements of G.S. 113‑270.1B, 113‑270.3(b)(1), 113‑270.3(b)(1a),
113‑270.3(b)(1b), 113‑270.3(b)(2), 113‑270.3(b)(3), 113‑270.3(b)(5),
113‑271, and 113‑272.2(c)(1) and 113‑271 who
participate in organized hunting and fishing events for the specified time and
place of the event when the purpose of the event is consistent with the
conservation objectives of the Commission. A person exempted from licensing
requirements under this subsection is responsible for complying with any
reporting requirements prescribed by rule of the Wildlife Resources Commission,
purchasing any federal migratory waterfowl stamps as a result of waterfowl
hunting activity, and complying with any other requirements that apply to the
holder of a North Carolina license is subject to. license. Those
exempted persons shall comply with the hunter safety requirements of
G.S. 113‑270.1A or shall be accompanied by a properly licensed adult
who maintains a proximity to the license exempt individual which that
enables the adult to monitor the activities of, and communicate with, the
individual at all times.
."
SECTION 11. G.S. 115C‑218.75 reads as rewritten:
"§ 115C‑218.75. General operating requirements.
(a) Health and Safety Standards. A charter school shall meet the same health and safety requirements required of a local school administrative unit. The Department of Public Instruction shall ensure that charter schools provide parents and guardians with information about meningococcal meningitis and influenza and their vaccines at the beginning of every school year. This information shall include the causes, symptoms, and how meningococcal meningitis and influenza are spread and the places where parents and guardians may obtain additional information and vaccinations for their children.
The Department of Public Instruction shall also ensure that charter schools provide parents and guardians with information about cervical cancer, cervical dysplasia, human papillomavirus, and the vaccines available to prevent these diseases. This information shall be provided at the beginning of the school year to parents of children entering grades five through 12. This information shall include the causes and symptoms of these diseases, how they are transmitted, how they may be prevented by vaccination, including the benefits and possible side effects of vaccination, and the places where parents and guardians may obtain additional information and vaccinations for their children.
The Department of Public Instruction shall also ensure that charter schools provide students in grades seven through 12 with information annually on the preventable risks for preterm birth in subsequent pregnancies, including induced abortion, smoking, alcohol consumption, the use of illicit drugs, and inadequate prenatal care.
The Department of Public Instruction shall also ensure that charter schools provide students in grades nine through 12 with information annually on the manner in which a parent may lawfully abandon a newborn baby with a responsible person, in accordance with G.S. 7B‑500.
The Department of Public
Instruction shall also ensure that the guidelines for individual diabetes care
plans adopted by the State Board of Education under G.S. 115C‑12(31)
are implemented in charter schools in which students with diabetes are enrolled
and that charter schools otherwise comply with the provisions of G.S. 115C‑375.3.
The Department of Public
Instruction shall ensure that charter schools comply with G.S. 115C‑375.2A.
The board of directors of a charter school shall provide the school with a
supply of emergency epinephrine auto‑injectors necessary to carry out meet
the provisions requirements of G.S. 115C‑375.2A.
(b) School Risk Management
Plan. Each charter school, in coordination with local law enforcement and
emergency management agencies, is encouraged to adopt a School Risk Management
Plan (SRMP) relating to incidents of school violence. In constructing and
maintaining these plans, charter schools may utilize the School Risk and
Response Management System (SRRMS) established pursuant to G.S. 115C‑105.49A.
These plans are not considered a public record as the term "public
record" is defined under G.S. 132‑1 and shall not be are
not subject to inspection and examination under G.S. 132‑6.
Charter schools are encouraged to
provide schematic diagrams and keys to the main entrance of school facilities
to local law enforcement agencies, in addition to implementing the
provisions in G.S. 115C‑105.52.
(e) School Safety
Information Provided to Division of Emergency Management. A charter school is
encouraged to provide the following: (i) schematic diagrams, including digital
schematic diagrams, and (ii) emergency response information requested by the
Division for the SRMP. The schematic diagrams and emergency response
information are not considered public records as the term "public
record" is defined under G.S. 132‑1 and shall not be are
not subject to inspection and examination under G.S. 132‑6.
(h) School‑Based Mental Health Plan Required. A charter school shall adopt a school‑based mental health plan, including a mental health training program and suicide risk referral protocol, in accordance with G.S. 115C‑376.5."
SECTION 12. The title of Article 36 of Chapter 120 of the General Statutes reads as rewritten:
"Article 36.
"Joint Legislative Oversight Committee on Agriculture and Natural and Economic Resources."
SECTION 13. G.S. 143‑318.18 reads as rewritten:
"§ 143‑318.18. Exceptions.
This Article does not apply to:to
any of the following:
(4c) A caucus by members of the
General Assembly; however, no member of the General Assembly shall participate
in a caucus which that is called for the purpose of evading or
subverting this Article.
(5) Law enforcement agencies.
(6) A public body authorized
to investigate, examine, or determine the character and other qualifications of
applicants for professional or occupational licenses or certificates or to take
disciplinary actions against persons holding such these licenses
or certificates, (i) while preparing, approving, administering, or grading
examinations or (ii) while meeting with respect to an individual applicant for
or holder of such a the license or certificate. This exception
does not amend, repeal, or supersede any other statute that requires a public
hearing or other practice and procedure in a proceeding before such a the
public body.
(7) Any public body subject
to the State Budget Act, Chapter 143C of the General Statutes Statutes,
and exercising quasi‑judicial functions, during a meeting or session
held solely for the purpose of making a decision in an adjudicatory action or
proceeding.
(8) The boards of trustees of
endowment funds authorized by G.S. 116‑36 or G.S. 116‑238.G.S. 116‑36.
."
SECTION 14.(a) G.S. 143A‑96.1 is repealed.
SECTION 14.(b) G.S. 144‑9 reads as rewritten:
"§ 144‑9. Retirement of a flag of the United States of America or the State of North Carolina.
(a) A State institution or a
political subdivision of the State in possession of a flag of the United States
of America or the State of North Carolina that is no longer a fitting emblem
for display because it is worn, tattered, or otherwise damaged shall make
arrangements for its respectful disposal and may deliver the flag to the Division
of Veterans Affairs in the Department of Administration Department of
Military and Veterans Affairs for disposal. The Division Department
shall accept a flag delivered to it and shall make arrangements for its
respectful disposal.
(b) The Division of
Veterans Affairs Department of Military and Veterans Affairs shall
accept, at no charge, a worn, tattered, or otherwise damaged flag of the United
States of America or the State of North Carolina from a citizen of the State
and shall make arrangements for its respectful disposal. The Division Department
shall establish a flag retirement program to encourage citizens to send in
or drop off such worn, tattered, or otherwise damaged flags at
the Division's Department's office in Raleigh and at any Veterans
Home or Veterans Cemetery in the State and may establish other locations for
flag drop‑off as it deems appropriate. The Division Department shall
advertise the flag retirement program on its Web site website and
by printed posters placed at all flag drop‑off locations. On or before
December 31, 2016, and annually thereafter, 31 annually, the Division
Department shall report the number of flags received under the
program to the Joint Legislative Committee on Governmental Operations.
(c) An official flag of the State that is no longer a fitting emblem for display because it is worn, tattered, or otherwise damaged may be respectfully retired by fire."
SECTION 15. G.S. 143B‑1413(b) reads as rewritten:
"(b) In any civil action
by a user of 911 services or next generation 911 services arising from an act or
an omission by a PSAP, and the officers, directors, employees, vendors, agents,
and authorizing government entity of the PSAP, in the performance of any lawful
and prescribed actions pertaining to their assigned job duties as a telecommunicator.
The telecommunicator, the plaintiff's burden of proof shall be is
by clear and convincing evidence."
SECTION 16.(a) Subdivisions (1b) and (7) of G.S. 150B‑2 are recodified as subdivisions (1a) and (5a) of G.S. 150B‑2, respectively.
SECTION 16.(b) G.S. 150B‑2, as amended by subsection (a) of this section, reads as rewritten:
"§ 150B‑2. Definitions.
As used in this Chapter, the following definitions apply:
(1) "Administrative
law judge" means a Administrative law judge. A person
appointed under G.S. 7A‑752, 7A‑753, or 7A‑757.
(1a) "Adopt" means
to Adopt. To take final action to create, amend, or repeal a rule.
(1a)(1b) "Agency"
means an Agency. An agency or an officer in the executive branch
of the government of this State and State. The term includes the Council
of State, the Governor's Office, a board, a commission, a department, a
division, a council, and any other unit of government in the executive branch.
A local unit of government is not an agency.
(1c) "Codifier of
Rules" means the Codifier of Rules. The person appointed by
the Chief Administrative Law Judge of the Office of Administrative Hearings
pursuant to G.S. 7A‑760(b).
(1d) "Commission"
means the Commission. The Rules Review Commission.
(2) "Contested
case" means an Contested case. An administrative proceeding
pursuant to this Chapter to resolve a dispute between an agency and another
person that involves the person's rights, duties, or privileges, including
licensing or the levy of a monetary penalty. "Contested case" The
term does not include rulemaking, declaratory rulings, or the award or
denial of a scholarship, a grant, or a loan.
(2a) Repealed by Session Laws 1991, c. 418, s. 3.
(2b) "Hearing
officer" means a Hearing officer. A person or group of
persons designated by an agency that is subject to Article 3A of this Chapter
to preside in a contested case hearing conducted under that Article.
(3) "License"
means any License. Any certificate, permit permit, or
other evidence, by whatever name called, of a right or privilege to engage in
any activity, except licenses issued under Chapter 20 and Subchapter I of
Chapter 105 of the General Statutes, occupational licenses, and certifications
of electronic poll books, ballot duplication systems, or voting systems under
G.S. 163‑165.7.
(4) "Licensing"
means any Licensing. Any administrative action issuing, failing to
issue, suspending, or revoking a license or occupational license. "Licensing"
The term does not include controversies over whether an examination
was fair or whether the applicant passed the examination.
(4a) "Occupational
license" means any Occupational license. Any certificate,
permit, or other evidence, by whatever name called, of a right or privilege to
engage in a profession, occupation, or field of endeavor that is issued by an
occupational licensing agency.
(4b) "Occupational
licensing agency" means any Occupational licensing agency. Any board,
commission, committee committee, or other agency of the State of
North Carolina which that is established for the primary purpose of
regulating the entry of persons into, and/or or the conduct of
persons within a particular profession, occupation occupation, or
field of endeavor, and which that is authorized to issue and
revoke licenses. "Occupational licensing agency" The term does
not include State agencies or departments which that may as only
a part of their regular function issue permits or licenses.
(5) "Party"
means any Party. Any person or agency named or admitted as a party
or properly seeking as of right to be admitted as a party and includes the
agency as appropriate.
(5a) "Person"
means any Person. Any natural person, partnership, corporation,
body politic politic, and any unincorporated association,
organization, or society which that may sue or be sued under a
common name.
(7a) "Policy"
means any Policy. Any nonbinding interpretive statement within the
delegated authority of an agency that merely defines, interprets, or explains
the meaning of a statute or rule. The term includes any document issued by an
agency which that is intended and used purely to assist a person
to comply with the law, such as a guidance document.
(8) "Residence"
means domicile Residence. Domicile or principal place of business.
(8a) "Rule" means
any Rule. Any agency regulation, standard, or statement of general
applicability that implements or interprets an enactment of the General
Assembly or Congress or a regulation adopted by a federal agency or that
describes the procedure or practice requirements of an agency. The term
includes the establishment of a fee and the amendment or repeal of a prior
rule. The term does not include the following:
b. Budgets and budget policies and procedures issued by the Director of the Budget, by the head of a department, as defined by G.S. 143A‑2 or G.S. 143B‑3, or by an occupational licensing board, as defined by G.S. 93B‑1.
l. Standards adopted by the Department of
Information Technology State Chief Information Officer and applied
to information technology as defined by G.S. 147‑33.81.in G.S. 143B‑1320.
(8b) Repealed by Session Laws 2011‑398, s. 61.2, effective July 25, 2011.
(8c) "Substantial
evidence" means relevant Substantial evidence. Relevant evidence
a reasonable mind might accept as adequate to support a conclusion.
(9) Repealed by Session Laws 1991, c. 418, s. 3."
SECTION 16.(c) G.S. 150B‑38 reads as rewritten:
"§ 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 Union Division of the Department of Commerce.
(3) The Department of Insurance and the Commissioner of Insurance.
(4) The State Chief Information Officer in the administration of the provisions of Article 15 of Chapter 143B of the General Statutes.
(5) The North Carolina State Building Code Council.
(6) Repealed by Session Laws 2018‑146, s. 4.4(b), effective December 27, 2018.
(b) Prior to any agency
action in a contested case, the agency shall give the parties in the case an
opportunity for a hearing without undue delay and notice not less than 15 days
before the hearing. Notice to the parties shall include:include all
of the following:
(1) A statement of the date,
hour, place, and nature of the hearing;hearing.
(2) A reference to the
particular sections of the statutes and rules involved; andinvolved.
(3) A short and plain statement of the facts alleged.
(c) Notice shall be given by one of the methods for service of process under G.S. 1A‑1, Rule 4(j) or Rule 4(j3). If given by registered or certified mail, by signature confirmation as provided by the United States Postal Service, or by designated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, notice shall be deemed to have been given on the delivery date appearing on the return receipt, copy of proof of delivery provided by the United States Postal Service, or delivery receipt. If notice cannot be given by one of the methods for service of process under G.S. 1A‑1, Rule 4(j) or Rule 4(j3), then notice shall be given in the manner provided in G.S. 1A‑1, Rule 4(j1).
(d) A party who that
has been served with a notice of hearing may file a written response with
the agency. If a written response is filed, a copy of the response must shall
be mailed to all other parties not less than 10 days before the date set
for the hearing.
(e) All hearings conducted
under this Article shall be open to the public. A hearing conducted by the
agency shall be held in the county where the agency maintains its principal
office. A hearing conducted for the agency by an administrative law judge
requested under G.S. 150B‑40 shall be held in a county in this State
where any person whose property or rights are the subject matter of the hearing
resides. If a different venue would promote the ends of justice or better serve
the convenience of witnesses, the agency or the administrative law judge may
designate another county. A person whose property or rights are the subject
matter of the hearing waives his an objection to venue if he
proceeds by proceeding in the hearing.
(f) Any person may petition to become a party by filing with the agency or hearing officer a motion to intervene in the manner provided by G.S. 1A‑1, Rule 24. In addition, any person interested in a contested case under this Article may intervene and participate to the extent deemed appropriate by the agency hearing officer.
(g) When contested cases involving a common question of law or fact or multiple proceedings involving the same or related parties are pending before an agency, the agency may order a joint hearing of any matters at issue in the cases, order the cases consolidated, or make other orders to reduce costs or delay in the proceedings.
(h) Every agency shall adopt rules governing the conduct of hearings that are consistent with the provisions of this Article.
(i) Standards adopted by the State Chief
Information Officer and applied to information technology as defined in
G.S. 143B‑1320."
SECTION 16.(d) G.S. 122C‑151.4 reads as rewritten:
"§ 122C‑151.4. Appeal to State MH/DD/SA Appeals Panel.
(a) Definitions. The following definitions apply in this section:
(1) "Appeals Panel" means the State
MH/DD/SA Appeals Panel established under this section.
(1a) "Client"
means an Client. An individual who is admitted to or receiving
public services from an area facility. "Client" The term includes
the client's personal representative or designee.
(1b) "Contract"
means a Contract. A contract with an area authority or county
program to provide services, other than personal services, to clients and other
recipients of services.
(2) "Contractor"
means a Contractor. A person who that has a contract
or who that had a contract during the current fiscal year.
(3) "Former
contractor" means a Former contractor. A person who that
had a contract during the previous fiscal year.
(4) Panel. The State MH/DD/SA Appeals Panel established under this section.
(b) Appeals Panel. The State MH/DD/SA Appeals Panel is established. The Panel shall consist of three members appointed by the Secretary. The Secretary shall determine the qualifications of the Panel members. Panel members serve at the pleasure of the Secretary.
(c) Who Can Persons
That May Appeal. The following persons may appeal to the State
MH/DD/SA Appeals Panel after having exhausted the appeals process at the
appropriate area authority or county program:
(1) A contractor or a former
contractor who that claims that an area authority or county
program is not acting or has not acted within applicable State law or rules in
denying the contractor's application for endorsement or in imposing a particular
requirement on the contractor on fulfillment of the contract;contract.
(2) A contractor or a former
contractor who that claims that a requirement of the contract
substantially compromises the ability of the contractor to fulfill the contract;contract.
(3) A contractor or former
contractor who that claims that an area authority or county
program has acted arbitrarily and capriciously in reducing funding for the type
of services provided or formerly provided by the contractor or former contractor;contractor.
(4) A client or a person who
was a client in the previous fiscal year, who claims that an area authority or
county program has acted arbitrarily and capriciously in reducing funding for
the type of services provided or formerly provided to the client directly by
the area authority or county program; andprogram.
(5) A person who that
claims that an area authority or county program did not comply with a State
law or a rule adopted by the Secretary or the Commission in developing the
plans and budgets of the area authority or county program and that the failure
to comply has adversely affected the ability of the person to participate in
the development of the plans and budgets.
(d) Hearing. All members of
the State MH/DD/SA Appeals Panel shall hear an appeal to the Panel. An
appeal shall be filed with the Panel within the time required by the Secretary
and shall be heard by the Panel within the time required by the Secretary. A
hearing shall be conducted at the place determined in accordance with the rules
adopted by the Secretary. A hearing before the Panel shall be informal; no
sworn testimony shall be taken and the rules of evidence do not apply. The
person who that appeals to the Panel has the burden of proof. The
Panel shall not stay a decision of an area authority during an appeal to the
Panel.
(e) Decision. The State
MH/DD/SA Appeals Panel shall make a written decision on each appeal to the
Panel within the time set by the Secretary. A decision may direct a contractor,
an area authority, or a county program to take an action or to refrain from
taking an action, but it shall not require a party to the appeal to pay any
amount except payment due under the contract. In making a decision, the Panel
shall determine the course of action that best protects or benefits the clients
of the area authority or county program. If a party to an appeal fails to
comply with a decision of the Panel and the Secretary determines that the
failure deprives clients of the area authority or county program of a type of
needed service, the Secretary may use funds previously allocated to the area
authority or county program to provide the service.
(f) Chapter 150B Appeal. A
person who that is dissatisfied with a decision of the Panel may
commence a contested case under Article 3 of Chapter 150B of the General
Statutes. Notwithstanding G.S. 150B‑2(1a), G.S. 150B‑2(1b),
an area authority or county program is considered an agency for purposes of
the limited appeal authorized by this section. If the need to first appeal to
the State MH/DD/SA Appeals Panel is waived by the Secretary, a
contractor may appeal directly to the Office of Administrative Hearings after
having exhausted the appeals process at the appropriate area authority or
county program.
(g) Limitation of Applicability. This section does not apply to LME/MCOs, enrollees, applicants, providers of emergency services, or network providers subject to Chapter 108D of the General Statutes."
SECTION 16.(e) G.S. 150B‑23 reads as rewritten:
"§ 150B‑23. Commencement; assignment of administrative law judge; hearing required; notice; intervention.
(a) A contested case shall
be commenced by paying a fee in an amount established in G.S. 150B‑23.2
and by filing a petition with the Office of Administrative Hearings and, except
as provided in Article 3A of this Chapter, shall be conducted by that Office.
The party who that files the petition shall serve a copy of the
petition on all other parties and, if the dispute concerns a license, the
person who that holds the license. A party who that files
a petition shall file a certificate of service together with the petition. A
petition shall be signed by a party, an attorney representing a party, or other
representative of the party as may specifically be authorized by law, and, if
filed by a party other than an agency, shall state facts tending to establish
that the agency named as the respondent has deprived the petitioner of
property, has ordered the petitioner to pay a fine or civil penalty, or has
otherwise substantially prejudiced the petitioner's rights and that the agency:agency
did any of the following:
(1) Exceeded its authority or
jurisdiction;jurisdiction.
(2) Acted erroneously;erroneously.
(3) Failed to use proper procedure;procedure.
(4) Acted arbitrarily or capriciously;
orcapriciously.
(5) Failed to act as required by law or rule.
The parties in a contested case
shall be given an opportunity for a hearing without undue delay. Any person
aggrieved may commence a contested case hereunder.under this section.
A local government employee, applicant for employment, or former employee to whom Chapter 126 of the General Statutes applies may commence a contested case under this Article in the same manner as any other petitioner. The case shall be conducted in the same manner as other contested cases under this Article.
A business entity may represent itself using a nonattorney representative who is one or more of the following of the business entity: (i) officer, (ii) manager or member‑manager, if the business entity is a limited liability company, (iii) employee whose income is reported on IRS Form W‑2, if the business entity authorizes the representation in writing, or (iv) owner of the business entity, if the business entity authorizes the representation in writing and if the owner's interest in the business entity is at least twenty‑five percent (25%). Authority for and prior notice of nonattorney representation shall be made in writing, under penalty of perjury, to the Office on a form provided by the Office.
(a1) Repealed by Session Laws 1985 (Regular Session, 1986), c. 1022, s. 1(9).
(a2) An administrative law
judge assigned to a contested case may require a party to the case to file a
prehearing statement. A party's prehearing statement must shall be
served on all other parties to the contested case.
(a3) A Medicaid or NC Health
Choice enrollee, or the enrollee's authorized representative, who appeals a
notice of resolution issued by a managed care entity under Chapter 108D of the
General Statutes may commence a contested case under this Article in the same
manner as any other petitioner. The case shall be conducted in the same manner
as other contested cases initiated by Medicaid or NC Health Choice enrollees
under this Article. Solely and only for the purposes of contested cases commenced
pursuant to G.S. 108D‑15 by enrollees of LME/MCOs to appeal a notice
of resolution issued by the LME/MCO, an LME/MCO is considered an agency as
defined in G.S. 150B‑2(1a). G.S. 150B‑2. The
LME/MCO shall not be is not considered an agency for any other
purpose. When a prepaid health plan, as defined in G.S. 108D‑1,
other than an LME/MCO, is under contract with the Department of Health and
Human Services to issue notices of resolution under Article 2 of Chapter 108D
of the General Statutes, then solely and only for the purposes of contested
cases commenced pursuant to G.S. 108D‑15 to appeal a notice of
resolution issued by the prepaid health plan, the prepaid health plan shall
be is considered an agency as defined in G.S. 150B‑2(1a).
G.S. 150B‑2. The prepaid health plan shall not be is
not considered an agency for any other purpose.
(c) Notice shall be given by
one of the methods for service of process under G.S. 1A‑1, Rule 4(j)
or Rule 4(j3). If given by registered or certified mail, by signature confirmation
as provided by the United States Postal Service, or by designated delivery
service authorized pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt,
notice shall be is deemed to have been given on the delivery date
appearing on the return receipt, copy of the proof of delivery provided by the
United States Postal Service, or delivery receipt. If giving of notice cannot
be accomplished by a method under G.S. 1A‑1, Rule 4(j) or Rule
4(j3), notice shall then be given in the manner provided in G.S. 1A‑1,
Rule 4(j1).
(f) Unless another statute
or a federal statute or regulation sets a time limitation for the filing of a
petition in contested cases against a specified agency, the general limitation
for the filing of a petition in a contested case is 60 days. The time
limitation, whether established by another statute, federal statute, or federal
regulation, or this section, shall commence commences when notice
is given of the agency decision to all persons aggrieved who that are
known to the agency by personal delivery, electronic delivery, or by the
placing of the notice in an official depository of the United States Postal
Service wrapped in a wrapper addressed to the person at the latest address
given by the person to the agency. The notice shall be in writing, and shall
set forth the agency action, and shall inform the persons of the right, the
procedure, and the time limit to file a contested case petition. When no
informal settlement request has been received by the agency prior to issuance
of the notice, any subsequent informal settlement request shall not suspend the
time limitation for the filing of a petition for a contested case hearing. When
the Chief Justice of the North Carolina Supreme Court determines and declares
that catastrophic conditions exist or have existed in one or more counties of
the State and issues an order pursuant to G.S. 7A‑39(b), the chief
administrative law judge may by order entered pursuant to this subsection
extend, to a date certain no fewer than 10 days after the effective date of the
order, the time or period of limitation, whether established by another statute
or this section, for the filing of a petition for a contested case. The order
shall be in writing and shall become becomes effective for each
affected county upon the date set forth in the order, and if no date is set
forth in the order, then upon the date the order is signed by the chief
administrative law judge. The order shall provide that it shall expire expires
upon the expiration of the Chief Justice's order.
."
SECTION 17. G.S. 150B‑21.2 reads as rewritten:
"§ 150B‑21.2. Procedure for adopting a permanent rule.
(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, unless the rule is a readoption without substantive changes to the existing rule proposed in accordance with G.S. 150B‑21.3A.
(2) A short explanation of the reason for the proposed rule.
(2a) A link to the agency's Web
site website containing the information required by G.S. 150B‑19.1(c).
(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 (i) period of
time during which and the (ii) 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) Repealed by Session Laws 2013‑143, s. 1, effective June 19, 2013.
(d) Mailing List. An agency
must maintain a mailing list of persons who that have requested
notice of rule making. rulemaking. When an agency publishes in
the North Carolina Register a notice of text of a proposed rule, it must mail a
copy of the notice or of text to each person on the mailing list who
that has requested notice on the subject matter described in the
notice or the rule affected. An agency may charge an annual fee to each person
on the agency's mailing list to cover copying and mailing costs.
(e) Hearing. An agency must hold a public hearing on a rule it proposes to adopt if the agency publishes the text of the proposed rule in the North Carolina Register and the agency receives a written request for a public hearing on the proposed rule within 15 days after the notice of text is published. The agency must accept comments at the public hearing on both the proposed rule and any fiscal note that has been prepared in connection with the proposed rule.
An agency may hold a public hearing
on a proposed rule and fiscal note in other circumstances. When an agency is
required to hold a public hearing on a proposed rule or decides to hold a
public hearing on a proposed rule when it is not required to do so, the agency
must publish in the North Carolina Register a notice of the date, time, and
place of the public hearing. The hearing date of a public hearing held after
the agency publishes notice of the hearing in the North Carolina Register must
be at least 15 days after the date the notice is published. If notice of a
public hearing has been published in the North Carolina Register and that
public hearing has been cancelled, the agency shall must publish
notice in the North Carolina Register at least 15 days prior to the date of any
rescheduled hearing.
(g) Adoption. An agency
shall not adopt a rule until the time for commenting on the proposed text of
the rule has elapsed and shall not adopt a rule if more than 12 months have
elapsed since the end of the time for commenting on the proposed text of the
rule. Prior to adoption, an agency shall must review any fiscal
note that has been prepared for the proposed rule and consider any public
comments received in connection with the proposed rule or the fiscal note. An
agency shall not adopt a rule that differs substantially from the text of a
proposed rule published in the North Carolina Register unless the agency
publishes the text of the proposed different rule in the North Carolina
Register and accepts comments on the proposed different rule for the time set
in subsection (f) of this section.
An adopted rule differs substantially from a proposed rule if it does one or more of the following:
(1) Affects the interests of
persons who, that, based on the proposed text of the rule
published in the North Carolina Register, could not reasonably have determined
that the rule would affect their interests.
(2) Addresses a subject matter or an issue that is not addressed in the proposed text of the rule.
(3) Produces an effect that could not reasonably have been expected based on the proposed text of the rule.
When an agency adopts a rule, it shall not take subsequent action on the rule without following the procedures in this Part. An agency must submit an adopted rule to the Rules Review Commission within 30 days of the agency's adoption of the rule.
(i) Record. An agency
must keep a record of a rule‑making rulemaking proceeding.
The record must include all written comments received, a transcript or
recording of any public hearing held on the rule, any fiscal note that has been
prepared for the rule, and any written explanation made by the agency for
adopting the rule."
SECTION 18. Section 5 of S.L. 2020‑90 is repealed.
SECTION 19. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 14th day of July, 2021.
s/ Bill Rabon
Presiding Officer of the Senate
s/ Tim Moore
Speaker of the House of Representatives
s/ Roy Cooper
Governor
Approved 2:59 p.m. this 22nd day of July, 2021