North Carolina § 120-70 - 101. Purpose and powers of Committee.

§ 120-70. 101. Purpose and powers of Committee.

The Joint Legislative Administrative Procedure Oversight Committee has the following powers and duties: To review rules to which the Rules Review Commission has objected to determine if statutory changes are needed to enable the agency to fulfill the intent of the General Assembly. To receive reports prepared by the Rules Review Commission containing the text and a summary of each rule approved by the Commission. Repealed by Session Laws 2009-125, s. 1, effective October 1, 2009. To review the activities of State occupational licensing boards to determine if the boards are operating in accordance with statutory requirements and if the boards are still necessary to achieve the purposes for which they were created. This review shall not include decisions concerning board personnel matters or determinations on individual licensing applications or individual disciplinary actions. To review State regulatory programs to determine if the programs overlap, have conflicting goals, or could be simplified and still achieve the purpose of the regulation. To review existing rules to determine if the rules are necessary or if the rules can be streamlined. To review the rule-making process to determine if the procedures for adopting rules give the public adequate notice of and information about proposed rules. To review any other concerns about administrative law to determine if statutory changes are needed. To report to the General Assembly from time to time concerning the Committee's activities and any recommendations for statutory changes. History (1995, c. 507, s. 27.8(a); 1996, 2nd Ex. Sess., c. 18, s. 7.10(h); 2009-125, s. 1; 2011-291, s. 1.3(b); 2012-187, s. 1.) Editor's Note. - Session Laws 2012-187, s. 1, effective July 16, 2012, repealed Session Laws 2011-291, s. 1.3, which had, effective June 24, 2011, repealed Article 12K of Chapter 120 (G.S. 120-70.100 through 120-70.102). See Editor's note at G.S. 120-70.100 for details. Session Laws 2015-286, s. 1.7, provides: "Pursuant to G.S. 120-70.101(3a), the Joint Legislative Administrative Procedure Oversight Committee (APO) shall review the recommendations contained in the Joint Legislative Program Evaluation Oversight Committee's report, entitled "Occupational Licensing Agencies Should Not be Centralized, but Stronger Oversight is Needed," to determine the best way to accomplish the recommendations contained in the report and to improve oversight of occupational licensing boards. In conducting the review, APO shall consult with occupational licensing boards, licensees, associations representing licensees, the Department of Commerce, and other interested parties. The APO cochairs may establish subcommittees to assist with various parts of the review, including determining whether licensing authority should be continued for the 12 boards identified in the report. The APO shall propose legislation to the 2016 Regular Session of the 2015 General Assembly." Effect of Amendments. - Session Laws 2009-125, s. 1, effective October 1, 2009, deleted subdivision (3), relating to a notebook of administrative rules and added subdivision (3a).