North Carolina § 143B-30 - 1. Rules Review Commission created.

§ 143B-30. 1. Rules Review Commission created.

The Rules Review Commission is created. The Commission shall consist of 10 members to be appointed by the General Assembly, five upon the recommendation of the President Pro Tempore of the Senate, and five upon the recommendation of the Speaker of the House of Representatives. These appointments shall be made in accordance with G.S. 120-121, and vacancies in these appointments shall be filled in accordance with G.S. 120-122. Except as provided in subsection (b) of this section, all appointees shall serve two-year terms. In 1990, two of the appointments made by the General Assembly upon the recommendation of the President of the Senate shall expire June 30, 1991, and two shall expire June 30, 1992. In 1990, two of the appointments made by the General Assembly upon the recommendation of the Speaker of the House of Representatives shall expire June 30, 1992, and two shall expire June 30, 1993. Subsequent terms shall be for two years. Any appointment to fill a vacancy on the Commission created by the resignation, dismissal, ineligibility, death, or disability of any member shall be for the balance of the unexpired term. The chairman shall be elected by the Commission, and he shall designate the times and places at which the Commission shall meet. The Commission shall meet at least once a month. A quorum of the Commission shall consist of six members of the Commission. Members of the Commission who are not officers or employees of the State shall receive compensation of two hundred dollars ($200.00) for each day or part of a day of service plus reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5. Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence at the rate set out in G.S. 138-6. The Chief Administrative Law Judge of the Office of Administrative Hearings shall designate, from among the employees of the Office of Administrative Hearings, the staff of the Rules Review Commission. The Commission shall prescribe procedures and forms to be used in submitting rules to the Commission for review. In the discretion of the Commission, G.S. 114-2.3 and G.S. 147-17(a) through (c1) shall not apply to the Commission if the Commission is being sued by another agency, institution, department, bureau, board, or commission of the State, whether such body is created by the Constitution or by statute. The chairman, upon approval of a majority of the Commission, may retain private counsel to represent the Commission to be paid with available State funds to defend such litigation either independently or in cooperation with the Department of Justice. If private counsel is to be so retained to represent the Commission, the chairman shall designate lead counsel who shall possess final decision-making authority with respect to the representation, counsel, or service for the Commission. Other counsel for the Commission shall, consistent with the Rules of Professional Conduct, cooperate with such designated lead counsel. History (1985 (Reg. Sess., 1986), c. 1028, s. 32; 1987 (Reg. Sess., 1988), c. 1111, s. 2; 1989, c. 35, s. 2; 1989 (Reg. Sess., 1990), c. 1038, s. 18; 1991, c. 418, s. 11; 1991 (Reg. Sess., 1992), c. 1030, s. 43; 1995, c. 490, s. 43; 1997-495, s. 90(a), (b); 2004-124, s. 22A.1(b); 2006-66, s. 18.2(f); 2006-221, s. 20; 2009-451, s. 21A.2; 2009-575, s. 19; 2015-196, s. 2; 2015-215, s. 2.7; 2017-57, s. 6.7(e); 2017-102, s. 43.) Editor's Note. - Session Laws 2004-124, s. 22A.1.(a), provides: "All personnel and equipment presently assigned to the Rules Review Commission for the purpose of carrying out Article 2A of Chapter 150B of the General Statutes, are transferred to the Office of Administrative Hearings by a Type I transfer as defined by G.S. 143A-6(a). The Chief Administrative Law Judge shall be responsible for the hiring of the Director and other staff of the Rules Review Commission." Session Laws 2009-451, s. 21A.2, as originally written, would have amended subsection (d) of G.S. 143B-30.1, by substituting "two hundred dollars ($200.00)" for "one hundred fifty dollars ($150.00)" in the first sentence of the subsection, effective July 1, 2009. However, Session Laws 2009-451, s. 21A.2 was subsequently amended by Session Laws 2009-575, s. 19, effective July 1, 2009, and now provides: "Notwithstanding G.S 143B-30.1(d), for fiscal year 2010-2011, members of the Rules Review Commission who are not officers or employees of the State shall receive compensation of one hundred fifty dollars ($150.00) for each day or part of a day of service plus reimbursement for travel and subsistence expenses at the rates specified in G.S. 138-5 . Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence at the rate set out in G.S. 138-6 ." Session Laws 2009-451, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2009'." Session Laws 2009-451, s. 28.5, is a severability clause. Effect of Amendments. - Session Laws 2004-124, s. 22A.1(b), effective July 1, 2004, in subsection (c), deleted the former last sentence, which read: "The Commission is an independent agency under Article III, Section 11 of the Constitution," and added the present last sentence; and in subsection (e), substituted "Chief Administrative Law Judge, Office of Administrative Hearings" for "Commission" at the end of the first sentence. Session Laws 2006-66, s. 18.2(f), as added by Session Laws 2006-221, s. 20, effective July 1, 2006, in subsection (c), deleted the last sentence, which read: "The Chief Administrative Law Judge, Office of Administrative Hearings, shall be responsible for the hiring and supervision of the Director and staff to the Commission."; and rewrote subsection (e), which made employee appointments the responsibility of the Administrative Law Judge and made employees nonexempt from the State Personnel Act. Session Laws 2015-196, s. 2, effective August 5, 2015, and Session Laws 2015-215, s. 2.7, effective August 18, 2015, added subsection (g). Session Laws 2017-57, s. 6.7(e), effective July 1, 2017, substituted "(a) through (c1)" for "(a) through (c)" in subsection (g). Session Laws 2017-102, s. 43, effective July 12, 2017, rewrote subsection (e), which formerly read: "The Chief Administrative Law Judge, Office of Administrative Hearings, shall assign the staff and designate the Director of the Commission in accordance with G.S. 7A-760 "; and deleted the second sentence in (f), which formerly read: "The Commission may have computer access to the North Carolina Administrative Code to enable the Commission and its staff to view and copy rules in the Code." Opinions of Attorney General Power to Delay Effective Date of Agency Rules Probably Violates This Section. - An act vesting in the Administrative Rules Review Commission (ARRC), a commission appointed by the General Assembly, the power to delay indefinitely the effective date of duly-adopted agency rules which it deems in excess of statutory authority would likely be held to violate this section by vesting the ARRC with judicial powers reserved to the court and with supreme legislative powers reserved to the General Assembly. See opinion of Attorney General to Henson P. Barnes, President Pro Tempore, Senate, - N.C.A.G. - (February 25, 1991).