North Carolina § 143-318 - 18. Exceptions.

§ 143-318. 18. Exceptions.

This Article does not apply to any of the following: Grand and petit juries. Any public body that is specifically authorized or directed by law to meet in executive or confidential session, to the extent of the authorization or direction. The Judicial Standards Commission. The North Carolina Innocence Inquiry Commission. Repealed by Session Laws 1991, c. 694, s. 9. The Legislative Ethics Committee. A conference committee of the General Assembly. A caucus by members of the General Assembly; however, no member of the General Assembly shall participate in a caucus that is called for the purpose of evading or subverting this Article. Law enforcement agencies. 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 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 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 the public body. Any public body subject to the State Budget Act, Chapter 143C of the General 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. The boards of trustees of endowment funds authorized by G.S. 116-36. Repealed by Session Laws 1991, c. 694, s. 9. Repealed by Session Laws 2013-234, s. 10, effective July 3, 2013. The General Court of Justice. History (1979, c. 655, s. 1; 1985, c. 757, s. 206(e); 1991, c. 694, s. 9; 2006-184, s. 6; 2006-203, s. 95; 2010-171, s. 5; 2013-234, s. 10; 2021-88, s. 13.) Editor's Note. - Session Laws 2006-203, s. 126, provides, in part: "Prosecutions for offenses committed before the effective date of this act [July 1, 2007] are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions." Session Laws 2010-171, s. 5, amended Session Laws 2006-184, s. 12, making the amendment of this section by Session Laws 2006-184, s. 6, which added subdivision (3a), effective August 3, 2006, and deleting the clause making the amendments applicable to claims of actual innocence filed on or before December 31, 2010. Session Laws 2013-234, ss. 11, 12, provide: "Section 11. The Department of Administration shall provide an individualized notice to the following State entities to ensure that the entities are aware of how the statutory amendments made in S.L. 2010-194, Section 15 of S.L. 2011-326, and this act apply to them: "(1) The North Carolina State Lottery Commission, which is subject to G.S. 18C-150 . "(2) The Commissioner of Banks, who is subject to G.S. 53-320(d) , 53-326(d), 53-391, and 53-401. "(3) The Commissioner of Insurance, who is subject to G.S. 53-401 , 58-33-30(e)(4) and (5), 58-33-125(e), 58-33-130(a), and 58-71-40(d). "(4) The Global TransPark Authority, which is subject to G.S. 63A-24 . The Secretary of Transportation shall be copied on the notice sent to the Global TransPark Authority. "(5) The North Carolina State Bar Council, which is subject to G.S. 84-23(d) . "(6) The North Carolina Board for Licensing of Geologists, which is subject to G.S. 89E-5(e) . "(7) The North Carolina Board for Licensing of Soil Scientists, which is subject to G.S. 89F-5(d) . "(8) The constituent institutions of The University of North Carolina, which are subject to G.S. 114-8.3(b) . For notification under this subdivision, the Department of Administration may provide The University of North Carolina system a notification to distribute to all of its constituent institutions. If the Department of Administration does so, The University of North Carolina system shall distribute those notifications to the system's constituent institutions. "(9) The North Carolina Center for Applied Textile Technology, which is subject to G.S. 115D-67.4 . "(10) The North Carolina State Health Plan for Teachers and State Employees, which is subject to G.S. 135-48.33(b) . "(11) The Department of Transportation, which is subject to G.S. 136-28.1(h) and G.S. 143-134(b) . "(12) The North Carolina Turnpike Authority, which is subject to G.S. 136-89.194(g)(1) . The Secretary of Transportation shall be copied on the notice sent to the Turnpike Authority. "(13) The Department of Health and Human Services, which is subject to G.S. 143-48.1(c) . "(14) The Division of Adult Correction of the Department of Public Safety, which is subject to G.S. 143-134(b) . The Secretary of Public Safety shall be copied on the notice sent to the Division of Adult Correction. "(15) The North Carolina Code Officials Qualification Board, which is subject to G.S. 143-151.16(d) . The Commissioner of Insurance shall be copied on the notice sent to the Code Officials Qualification Board. "(16) The Roanoke Island Commission, which is subject to G.S. 143B-131.2(b)(15). The Secretary of Cultural Resources shall be copied on the notice sent to the Roanoke Island Commission. "(17) Any other State entity subject to contract review under G.S. 114-8.3 . "The Department of Administration, as part of its notice, shall provide a means by which an entity may acknowledge receipt and understanding of the notice. If the Department of Administration has not received an acknowledgement from a State entity within 30 days of sending the notice, the Department of Administration shall send a second notice. If the Department of Administration has not received an acknowledgement from a State entity within 30 days of sending the second notice, the Department of Administration shall notify (i) the Joint Legislative Program Evaluation Oversight Committee and (ii) the House Appropriations Subcommittee on General Government and the Senate Appropriations Committee on General Government and Information Technology. "Section 12. The Attorney General's Office, the Department of Administration, and the Office of the General Counsel for The University of North Carolina shall establish procedures to implement the provisions of this act no later than October 1, 2013." Effect of Amendments. - Session Laws 2006-184, s. 6, effective August 3, 2006, added subdivision (3a). Session Laws 2013-234, s. 10, effective July 3, 2013, deleted subdivision (10), which read: "The Board of Awards." Session Laws 2021-88, s. 13, effective July 22, 2021, inserted "any of the following” in the introductory paragraph; substituted "that is” for "which is” in subdivision (4c); substituted "these licenses” for "such licenses,” "the license” for "such a license,” and "the public body” for "such a public body” in subdivision (6); made a stylistic change in subdivision (7); and deleted "or G.S. 116-238” following "G.S. 116-36.” Legal Periodicals. - For survey of 1976 case law dealing with administrative law, see 55 N.C.L. Rev. 898 (1977).