North Carolina § 150B-1 - Policy and scope.

§ 150B-1. Policy and scope.

Purpose. - This Chapter establishes a uniform system of administrative rule making and adjudicatory procedures for agencies. The procedures ensure that the functions of rule making, investigation, advocacy, and adjudication are not all performed by the same person in the administrative process. Rights. - This Chapter confers procedural rights. Full Exemptions. - This Chapter applies to every agency except: The North Carolina National Guard in exercising its court-martial jurisdiction. The Department of Health and Human Services in exercising its authority over the Camp Butner reservation granted in Article 6 of Chapter 122C of the General Statutes. The Utilities Commission. Repealed by Session Laws 2011-287, s. 21(a), effective June 24, 2011, and applicable to rules adopted on or after that date. Repealed by Session Laws 2011-401, s. 1.10(a), effective November 1, 2011. The State Board of Elections in administering the HAVA Administrative Complaint Procedure of Article 8A of Chapter 163 of the General Statutes. The North Carolina State Lottery. [Expired June 30, 2012.] Exemptions from Rule Making. - Article 2A of this Chapter does not apply to the following: The Commission. Repealed by Session Laws 2000-189, s. 14, effective July 1, 2000. Repealed by Session Laws 2001-474, s. 34, effective November 29, 2001. The Department of Revenue, with respect to the notice and hearing requirements contained in Part 2 of Article 2A. With respect to the Secretary of Revenue's authority to redetermine the State net taxable income of a corporation under G.S. 105-130.5A, the Department is subject to the rule-making requirements of G.S. 105-262.1. The North Carolina Global TransPark Authority with respect to the acquisition, construction, operation, or use, including fees or charges, of any portion of a cargo airport complex. The Department of Public Safety, with respect to matters relating to executions under Article 19 of Chapter 15 of the General Statutes and matters relating solely to persons in its custody or under its supervision, including prisoners, probationers, and parolees. The State Health Plan for Teachers and State Employees in administering the provisions of Article 3B of Chapter 135 of the General Statutes. The North Carolina Federal Tax Reform Allocation Committee, with respect to the adoption of the annual qualified allocation plan required by 26 U.S.C. § 42(m), and any agency designated by the Committee to the extent necessary to administer the annual qualified allocation plan. The Department of Health and Human Services in adopting new or amending existing medical coverage policies for the State Medicaid and NC Health Choice programs pursuant to G.S. 108A-54.2. The Economic Investment Committee in developing criteria for the Job Development Investment Grant Program under Part 2F of Article 10 of Chapter 143B of the General Statutes. The North Carolina State Ports Authority with respect to fees established pursuant to G.S. 136-262(a)(11). The Department of Commerce and the Economic Investment Committee in developing criteria and administering the Site Infrastructure Development Program under G.S. 143B-437.02. The Department of Commerce and the Governor's Office in developing guidelines for the One North Carolina Fund under Part 2H of Article 10 of Chapter 143B of the General Statutes. Repealed by Session Laws 2011-145, s. 8.18(a), as amended by Session Laws 2011-391, s. 19, effective June 15, 2011. Repealed by Session Laws 2009-445, s. 41(b), effective August 7, 2009. The State Ethics Commission with respect to Chapter 138A and Chapter 120C of the General Statutes. The Department of Commerce in developing guidelines for the NC Green Business Fund under Part 2B of Article 10 of Chapter 143B of the General Statutes. The Department of Commerce and the Economic Investment Committee in developing criteria and administering the Job Maintenance and Capital Development Fund under G.S. 143B-437.012. The Department of Commerce in developing criteria and administering the Expanded Gas Products Service to Agriculture Fund under G.S. 143B-437.020. The Department of Commerce in administering the Film and Entertainment Grant Fund under G.S. 143B-437.02A. Repealed by Session Laws 2011-145, s. 8.18(a), as amended by Session Laws 2011-391, s. 19, effective June 15, 2011. The Department of Health and Human Services in implementing, operating, or overseeing new 1915(b)/(c) Medicaid Waiver programs or amendments to existing 1915(b)/(c) Medicaid Waiver programs. Reserved for future codification purposes. The Department of Health and Human Services with respect to the content of State Plans, State Plan Amendments, and Waivers approved by the Centers for Medicare and Medicaid Services (CMS) for the North Carolina Medicaid Program and the NC Health Choice program. The Department of Natural and Cultural Resources with respect to admission fees or related activity fees at historic sites and museums pursuant to G.S. 121-7.3. Tryon Palace Commission with respect to admission fees or related activity fees pursuant to G.S. 143B-71. U.S.S. Battleship Commission with respect to admission fees or related activity fees pursuant to G.S. 143B-73. The Board of Agriculture in the Department of Agriculture and Consumer Services with respect to the following: Annual admission fees for the State Fair. Operating hours, admission fees, or related activity fees at State forests. Fee schedules for the preparation of forest management plans developed pursuant to G.S. 106-1004. The Department of Natural and Cultural Resources with respect to operating hours, admission fees, or related activity fees at: The North Carolina Zoological Park pursuant to G.S. 143B-135.205. State parks pursuant to G.S. 143B-135.16. The North Carolina Aquariums pursuant to G.S. 143B-135.188. The North Carolina Museum of Natural Sciences. The Division of Motor Vehicles with respect to fee adjustments under G.S. 20-4.02. The Commission for Public Health with respect to adding to the Newborn Screening Program established under G.S. 130A-125 screening tests for Pompe disease, Mucopolysaccharidosis Type I (MPS I), and X-Linked Adrenoleukodystrophy (X-ALD). (For applicability, see editor's note) The Retirement System Boards of Trustees established under G.S. 128-28 and G.S. 135-6 when adopting actuarial tables, assumptions, and contribution-based benefit cap factors after presentation of recommendations from the actuary. This exemption includes, but is not limited to, the following actuarial tables, assumptions, methods, and factors: Joint and survivor tables. Reserve transfer tables. Interest rate assumptions. Salary increase assumptions. Mortality assumptions. Separation and retirement assumptions. Asset smoothing methods. Actuarial cost methods. Contribution-based benefit cap factors. Required contribution rates. Amortization policies. Exemptions From Contested Case Provisions. - The contested case provisions of this Chapter apply to all agencies and all proceedings not expressly exempted from the Chapter. The contested case provisions of this Chapter do not apply to the following: The Department of Health and Human Services and the Department of Environmental Quality in complying with the procedural safeguards mandated by Section 680 of Part H of Public Law 99-457 as amended (Education of the Handicapped Act Amendments of 1986). Repealed by Session Laws 1993, c. 501, s. 29. , (4) Repealed by Session Laws 2001-474, s. 35, effective November 29, 2001. Exemption for the University of North Carolina. - Except as provided in G.S. 143-135.3, no Article in this Chapter except Article 4 applies to The University of North Carolina. Exemption for the State Board of Community Colleges. - Except as provided in G.S. 143-135.3, no Article in this Chapter except Article 4 applies to the State Board of Community Colleges. The Board shall annually post the admission fee and operating hours schedule on its Web site and provide notice of the schedule, along with a citation to this section, to all persons named on the mailing list maintained pursuant to G.S. 150B-21.2(d). The exclusion from rule making for the setting of operating hours set forth in this subdivision (i) shall not apply to a decision to eliminate all public operating hours for the sites and facilities listed and (ii) does not authorize any of the sites and facilities listed in this subdivision that do not currently charge an admission fee to charge an admission fee until authorized by an act of the General Assembly. (5) Hearings required pursuant to the Rehabilitation Act of 1973, (Public Law 93-122), as amended and federal regulations promulgated thereunder. G.S. 150B-51(a) is considered a contested case hearing provision that does not apply to these hearings. (6) Repealed by Session Laws 2007-491, s. 2, effective January 1, 2008. (7) The Division of Adult Correction and Juvenile Justice of the Department of Public Safety. (8) The Department of Transportation, except as provided in G.S. 136-29. (9) The North Carolina Occupational Safety and Health Review Commission. (10) The North Carolina Global TransPark Authority with respect to the acquisition, construction, operation, or use, including fees or charges, of any portion of a cargo airport complex. (11) Repealed by Session Laws 2019-177, s. 8.2, effective July 26, 2019. (12) The State Health Plan for Teachers and State Employees respect to disputes involving the performance, terms, or conditions of a contract between the Plan and an entity under contract with the Plan. (13) The State Health Plan for Teachers and State Employees with respect to determinations by the Executive Administrator and Board of Trustees, the Plan's designated utilization review organization, or a self-funded health maintenance organization under contract with the Plan that an admission, availability of care, continued stay, or other health care service has been reviewed and, based upon the information provided, does not meet the Plan's requirements for medical necessity, appropriateness, health care setting, or level of care or effectiveness, and the requested service is therefore denied, reduced, or terminated. (14) The Department of Public Safety for hearings and appeals authorized under Chapter 20 of the General Statutes. (15) The Wildlife Resources Commission with respect to determinations of whether to authorize or terminate the authority of a person to sell licenses and permits as a license agent of the Wildlife Resources Commission. (16) Repealed by Session Laws 2011-399, s. 3, effective July 25, 2011. (17) The Department of Health and Human Services with respect to the review of North Carolina Health Choice Program determinations regarding delay, denial, reduction, suspension, or termination of health services, in whole or in part, including a determination about the type or level of services, commenced under G.S. 108A-70.29(b). (18) Hearings provided by the Department of Health and Human Services to decide appeals pertaining to adult care home resident discharges initiated by adult care homes under G.S. 131D-4.8 . (19) The Industrial Commission. (20) The Department of Commerce for hearings and appeals authorized under Chapter 96 of the General Statutes. (21) The Department of Health and Human Services for actions taken under G.S. 122C-124.2. (22) The Department of Public Safety, with respect to matters relating to executions under Article 19 of Chapter 15 of the General Statutes. (23) The Secretary of Environmental Quality for the waiver or modification of non-State cost-share requirements under G.S. 143-215.73G. (24) The Department of Information Technology in the written decision from a protest petition under G.S. 143B-1373. (25) The Department of Health and Human Services with respect to disputes involving the performance, terms, or conditions of a contract between the Department and a prepaid health plan, as defined in G.S. 108D-1. (26) The State Board of Education with respect to the disapproval, termination, renewal, or nonrenewal of charters under Article 14A of Chapter 115C of the General Statutes. History (1973, c. 1331, s. 1; 1975, c. 390; c. 716, s. 5; c. 721, s. 1; c. 742, s. 4; 1981, c. 614, s. 22; 1983, c. 147, s. 2; c. 927, s. 13; 1985, c. 746, ss. 1, 19; 1987, c. 112, s. 2; c. 335, s. 2; c. 536, s. 1; c. 847, s. 2; c. 850, s. 20; 1987 (Reg. Sess., 1988), c. 1082, s. 14; c. 1111, s. 9; 1989, c. 76, s. 29; c. 168, s. 33; c. 373, s. 2; c. 538, s. 1; c. 751, s. 7(44); 1989 (Reg. Sess., 1990), c. 1004, s. 36; 1991, c. 103, s. 1; c. 418, s. 2; c. 477, s. 1; c. 749, ss. 9, 10; 1991 (Reg. Sess., 1992), c. 1030, s. 46; 1993, c. 501, s. 29; 1993 (Reg. Sess., 1994), c. 777, ss. 4(j), 4(k); 1995, c. 249, s. 4; c. 507, s. 27.8(m); 1997-35, s. 2; 1997-278, s. 1; 1997-412, s. 8; 1997-443, ss. 11A.110, 11A.119(a); 2000-189, s. 14; 2001-192, s. 1; 2001-299, s. 1; 2001-395, s. 6(c); 2001-424, ss. 6.20(b), 21.20(c); 2001-446, s. 5(d); 2001-474, ss. 34, 35; 2001-496, s. 8(c); 2002-99, s. 7(b); 2002-159, ss. 31.5(b), 49; 2002-172, s. 2.6; 2002-190, s. 16; 2003-226, s. 17(b); 2003-416, s. 2; 2003-435, 2nd Ex. Sess., s. 1.3; 2004-88, s. 1(e); 2005-133, s. 10; 2005-276, s. 31.1(ff); 2005-300, s. 1; 2005-344, s. 11.1; 2005-455, s. 3.3; 2006-66, ss. 12.8(c), 8.10(d); 2006-201, s. 2(a); 2007-323, ss. 13.2(c), 28.22A(o); 2007-345, s. 12; 2007-491, s. 2; 2007-552, 1st. Ex. Sess., s. 3; 2008-107, s. 10.15A(f); 2008-168, s. 5(a); 2008-187, s. 26(b); 2009-445, s. 41(b); 2009-475, s. 4; 2009-523, s. 2(a); 2010-70, s. 2; 2011-85, s. 2.11(a); 2011-145, ss. 8.18(a), (b), 14.6(j), 19.1(g), (h); 2011-264, s. 4; 2011-272, s. 5; 2011-287, s. 21(a), (b); 2011-391, s. 19; 2011-399, ss. 2, 3; 2011-401, ss. 1.10(a), (b); 2012-43, s. 3; 2013-85, s. 10; 2013-360, ss. 19.2(d), 12H.6(c), 12H.9(c); 2014-100, ss. 13.2(a), 15.13(b), 15.14B(b); 2014-103, s. 17; 2015-198, ss. 3, 4; 2015-241, ss. 14.6(g), 14.11(a), 14.30(c), (s), (u), (v), (w), 29.30(t); 2016-113, s. 7(a); 2017-6, s. 3; 2017-186, s. 2(ddddddddd); 2017-212, s. 4.3; 2018-5, ss. 11E.1(b), 37.1(h); 2018-142, s. 21; 2018-146, ss. 3.1(a), (b), 6.1; 2019-81, s. 10; 2019-165, s. 7; 2019-177, s. 8.2; 2020-48, s. 4.1(c).) Re-recodification; Technical and Conforming Changes. - Session Laws 2017-6, s. 3, provides, in part: "The Revisor of Statutes shall recodify Chapter 138A of the General Statutes, Chapter 120C of the General Statutes, as well as Chapter 163 of the General Statutes, as amended by this act, into a new Chapter 163A of the General Statutes to be entitled 'Elections and Ethics Enforcement Act,' as enacted by Section 4 of this act. The Revisor may also recodify into the new Chapter 163A of the General Statutes other existing statutory laws relating to elections and ethics enforcement that are located elsewhere in the General Statutes as the Revisor deems appropriate." The Revisor was further authorized to make technical and conforming changes to catchlines, internal citations, and other references throughout the General Statutes to effectuate this recodification. Pursuant to this authority, the Revisor conformed multiple references in subdivisions (c)(6) and (d)(16). Session Laws 2018-146, ss. 3.1(a), (b), and 6.1, repealed Session Laws 2017-6, s. 3, and authorized the Revisor of Statutes to re-recodify Chapter 163A into Chapters 163, 138A, and 120C and to revert the changes made by the Revisor pursuant to Session Laws 2017-6, s. 3. Pursuant to this authority, the Revisor of Statutes reverted the changes to references in subdivisions (c)(6) and (d)(16). Community Support Providers Appeals Process. - Session Laws 2008-107, s. 10.15A(e1)-(e4), as amended by Session Laws 2009-526, s. 2(c), and Session Laws 2009-550, s. 1.1(c), provides: "(e1) For the purpose of expediting the resolution of community support provider appeals and thereby saving State and federal funds that are paid for services that are found to be unnecessary or otherwise ineligible for payment, the Department shall implement on a temporary basis a community support provider appeals process. The process shall be a substitute for informal provider appeals at the Department level and formal provider appeals by the Office of Administrative Hearings. The community support provider appeals process shall apply to a community support services provider: "(1) Who is aggrieved by a decision of the Department to reduce, deny, recoup, or recover reimbursement for community support services, or to deny, suspend, or revoke a provider agreement to provide community support services. "(2) Whose endorsement has been withdrawn or whose application for endorsement has been denied by a local management entity. "(e2) The community support provider appeals process shall be developed and implemented as follows: "(1) A hearing under this section shall be commenced by filing a petition with the chief hearings clerk of the Department within 30 days of the mailing of the notice by the Department of the action giving rise to the contested case. The petition shall identify the petitioner, be signed by the party or representative of the party, and shall describe the agency action giving rise to the contested case. As used in this section, "file or filing" means to place the paper or item to be filed into the care and custody of the chief hearings clerk of the Department and acceptance thereof by the chief hearings clerk, except that the hearing officer may permit the papers to be filed with the hearing officer, in which event the hearing officer shall note thereon the filing date. The Department shall supply forms for use in these contested cases. "(2) If there is a timely request for an appeal, the Department shall promptly designate a hearing officer who shall hold an evidentiary hearing. The hearing officer shall conduct the hearing according to applicable federal law and regulations and shall ensure that: "a. Notice of the hearing is given not less than 15 days before the hearing. The notice shall state the date, hour, and place of the hearing and shall be deemed to have been given on the date that a copy of the notice is mailed, via certified mail, to the address provided by the petitioner in the petition for hearing. "b. The hearing is held in Wake County, except that the hearing officer may, take testimony and receive evidence by telephone or other electronic means. The petitioner and the petitioner's legal representative may appear before the hearing officer in Wake County. "c. Discovery is no more extensive or formal than that required by federal law and regulations applicable to the hearings. Prior to and during the hearing, a provider representative shall have adequate opportunity to examine the provider's own case file. No later than five days before the date of the hearing, each party to a contested case shall identify each witness that the party intends to call. "(3) The hearing officer shall have the power to administer oaths and affirmations and regulate the conduct of the hearing. The following shall apply to hearings held pursuant to this section: "a. At the hearing, the parties may present such sworn evidence, law, and regulations as are relevant to the issues in the case. "b. The petitioner and the respondent agency each have a right to be represented by a person of his choice, including an attorney obtained at the party's own expense. "c. The petitioner and the respondent agency shall each have the right to cross-examine witnesses as well as make a closing argument summarizing his view of the case and the law. "d. The appeal hearing shall be recorded. If a petition for judicial review is filed the Department shall include a copy of the recording of the hearing as part of the official record. The recording of the appeal hearing may be erased or otherwise destroyed 180 days after the final decision is mailed as provided in G.S. 108A-79(i)(5). "(4) The hearing officer shall decide the case based upon a preponderance of the evidence, giving deference to the demonstrated knowledge and expertise of the agency as provided in G.S. 150B-34(a). The hearing officer shall prepare a proposal for the decision, citing relevant law, regulations, and evidence, which shall be served upon the petitioner or the petitioner's representative by certified mail, with a copy furnished to the respondent agency. "(5) The petitioner and the respondent agency shall have 15 days from the date of the mailing of the proposal for decision to present written arguments in opposition to or in support of the proposal for decision to the designated official of the Department who will make the final decision. If neither written arguments are presented, nor extension of time granted by the final agency decision maker for good cause, within 15 days of the date of the mailing of the proposal for decision, the proposal for decision becomes final. If written arguments are presented, such arguments shall be considered and the final decision shall be rendered. The final decision shall be rendered not more than 180 days from the date of the filing of the petition. This time limit may be extended by agreement of the parties or by final agency decision maker, for good cause shown. The final decision shall be served upon the petitioner or the petitioner's representative by certified mail, with a copy furnished to the respondent agency. In the absence of a petition for judicial review filed pursuant to subsection (f) of this section, the final decision shall be binding upon the petitioner and the Department. "(6) A petitioner who is dissatisfied with the final decision of the Department may file, within 30 days of the service of the decision, a petition for judicial review in the Superior Court of Wake County or of the county from which the case arose. The judicial review shall be conducted according to Article 4 of Chapter 150B of the General Statutes. "(7) In the event of a conflict between federal law or regulations and State law or regulations, federal law or regulations shall control. This section applies to all petitions that are filed by a Medicaid community support services provider on or after July 1, 2008, and for all Medicaid community support services provider petitions that have been filed at the Office of Administrative Hearings previous to July 1, 2008, but for which a hearing on the merits has not been commenced prior to that date. The requirement that the agency decision must be rendered not more than 180 days from the date of the filing of the petition for hearing shall not apply to (i) community support services provider petitions that were filed at the Office of Administrative Hearings or (ii) requests for a hearing under the Department's informal settlement process prior to the effective date of this act. The Office of Administrative Hearings shall transfer all cases affected by this section to the Department of Health and Human Services within 30 days of the effective date of this section. This act preempts the existing informal appeal process and reconsideration review process at the Department of Health and Human Services and the existing appeal process at the Office of Administrative Hearings with regard to all appeals filed by Medicaid community support services providers under the Medical Assistance program. "(e3) Notwithstanding any other provision of law to the contrary, the Department of Health and Human Services may, pursuant to its statutory authority or federal Medicaid requirements, suspend the endorsement or Medicaid participation of a provider of community support services pending a final agency decision based on a fair hearing of the provider's appeal filed with the Department under its community support provider appeal process. A provider of community support services whose endorsement, Medicaid participation, or services have been suspended is not entitled to payment during the period the appeal is pending, and the Department shall make no such payment to the provider during that period. If the final agency decision is in favor of the provider, the Department shall remove the suspension, commence payment for provider services, and reimburse the provider for payments withheld during the period of appeal. Contracts between the Department or a local management entity and the provider shall contain a provision indicating the circumstances under which a provider may appeal an agency decision and giving notice of the suspension of payments to the provider while the appeal is pending. This subsection applies to community support provider appeals pending in the Department of Health and Human Services or the Office of Administrative Hearings, as applicable, on and after July 1, 2008. "(e4) The Department's community support provider appeals process established under this section shall expire July 1, 2010. The Department shall report to the House of Representatives Appropriations Subcommittee on Health and Human Services, the Senate Appropriations Committee on Health and Human Services, the Joint Legislative Oversight Committee on Mental Health, Developmental Disabilities, and Substance Abuse Services, and the Fiscal Research Division on March 1, 2009, October 1, 2009, and March 1, 2010, on the effectiveness and efficiency of the community support provider appeals process." Appeal to State MH/DD/SA Appeals Panel. - Session Laws 2008-107, s. 10.15A(h1)-(h6), as amended and added to by Session Laws 2008-118, s. 3.13(a), (b), Session Laws 2009-526, s. 2(a) and (b), and Session Laws 2009-550, s. 1.1(a) and (b), provides for administrative appeals by Medicaid applicants and recipients. See notes under G.S. 108A-54. Editor's Note. - This Chapter is former Chapter 150A , as rewritten by Session Laws 1985, c. 746, s. 1, effective January 1, 1986, and recodified. Where appropriate, the historical citations to the sections in the former Chapter have been added to the corresponding sections in the Chapter as rewritten and recodified. In addition, Session Laws 1985, c. 746, s. 19, had provided that the act would expire January 1, 1992, and would not be effective on or after that date, but the expiration date was deleted by Session Laws 1991, c. 103, ss. 1 and 2 and Session Laws 1991, c. 689, s. 182. Section 1 of Session Laws 1987, c. 827, provided: " The General Statutes are amended by deleting the reference '150A' and substituting the reference '150B' each time it appears." Session Laws 1987, c. 536, s. 6 provided that a county ordinance that applies to the Camp Butner reservation on the effective date of the act (July 2, 1987) shall continue to apply until the Secretary of the Department of Human Resources withdraws his approval of the ordinance or the county amends or repeals the ordinance so that it no longer applies to the Camp Butner reservation. Session Laws 1997-412, s. 14, provided that ss. 6, 7, 8, 10 and 11 of the act, which amended G.S. 143-341(3), 143-135.3, 150B-1(f), 143-135.1, 133-1.1(d), and G.S. 116-31.11, as enacted by s. 1 thereof, would expire on July 1, 2001. Subsequently, Session Laws 2001-496, s. 8(c), effective July 1, 2001, reenacted ss. 5, 7, 8 and 10 of Session Laws 1997-412. Session Laws 2001-496, s. 14(a) provided that ss. 8(a) to 8(e) of that act would expire December 31, 2006. Subsequently, Session Laws 2005-300, s. 1, amended Session Laws 2001-496, s. 14(a), by deleting the expiration clause. Session Laws 1999-294, s. 13 provides that the Codifier of Rules may amend the text of the administrative rules in Title 11 of the North Carolina Administrative Code to reflect the recodification of Chapter 58 of the General Statutes. An amendment pursuant to this section is exempt from Chapter 150B of the General Statutes and review by the Rules Review Commission to the extent that it does not change the substance of the rule. Session Laws 2001-395, s. 6(c), would have added subdivision (d)(9) effective August 29, 2001. Session Laws 2001-424, s. 6.20(b), effective July 1, 2001, repealed Session Laws 2001-395, s. 6, so that the provisions of 2001-395 never went into effect. Session Laws 2001-424, s. 21.10, provides: "The Codifier of Rules may continue the process of reorganizing Titles 10 and 15A of the North Carolina Administrative Code to reflect the recent reorganization of the Department of Health and Human Services and the Department of Environment and Natural Resources. The reorganization of the Code may include replacing Title 10 with a new Title 10A if desirable for clarity. The Codifier of Rules may make changes in the text of the affected rules to reflect changes in organizational structure of the Department of Health and Human Services and the Department of Environment and Natural Resources. So long as the changes in text do not change the substance of the rules, the reorganization by the Codifier is exempt from the requirements of Chapter 150B of the General Statutes and does not require the review or approval of the Rules Review Commission." Session Laws 2001-424, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Acts of 2001'." Session Laws 2001-424, s. 36.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2001-2003 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2001-2003 fiscal biennium." Session Laws 2001-424, s. 36.5, is a severability clause. Session Laws 2002-190, s. 17, as amended by Session Laws 2002-159, s. 31.5, provides: "The Governor shall resolve any dispute between the Department of Transportation and the Department of Crime Control and Public Safety concerning the implementation of this act [Session Laws 2002-190]." Session Laws 2003-226, s. 1, provides: "The purpose of this act is to ensure that the State of North Carolina has a system for all North Carolina elections that complies with the requirements for federal elections set forth in the federal Help America Vote Act of 2002, Public Law 107-252, 116 Stat. 1666 (2002), codified at 42 U.S.C. §§ 15481-15485. "The General Assembly finds that the education and training of election officials as required by G.S. 163-82.34 has met and continues to meet the mandate for the education and training of precinct officials and other election officials in section 254(a)(3) of the Help America Vote Act of 2002. The General Assembly further finds that the establishment, development, and continued operation of the statewide list maintenance program for voter registration set forth in G.S. 163-82.14 has met and continues to meet the mandates of section 303(a)(2) of the Help America Vote Act of 2002. "In certain other areas of the election statutes and other laws, the General Assembly finds that the statutes must be amended to comply with the Help America Vote Act." Session Laws 2003-416, s. 2, provides that S.L. 2002-172 is reenacted. Subdivision (c)(6), added by Session Laws 2003-226, s. 17(b), effective January 1, 2004, is applicable with respect to primaries and elections held on or after that date. Session Laws 2005-133, s. 1, effective June 29, 2005, as amended by Session Laws 2006-226, s. 30, provides: "Under the Occupational Safety and Health Act of North Carolina, the name of the Safety and Health Review Board is changed to the North Carolina Occupational Safety and Health Review Commission. The Revisor of Statutes is authorized to substitute the term 'Commission' for the term 'Board' wherever that term appears in the General Statutes in relation to the Act. The Revisor of Statutes is also authorized to insert the words 'North Carolina Occupational' in front of the phrase 'Safety and Health Review Commission' wherever that phrase appears in the General Statutes in relation to the Act." Subdivision (d)(15) was enacted as subdivision (d)(14) by Session Laws 2006-66, s. 12.8(c). Subdivision (d)(16) was enacted as subdivision (d)(14) by Session Laws 2006-201, s. 2(a). They have been redesignated as subdivisions (d)(15) and (d)(16), respectively, at the direction of the Revisor of Statutes. Session Laws 2006-66, s. 1.2, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2006.' " Session Laws 2006-66, s. 28.6, is a severability clause. Session Laws 2009-475, s. 15, provides: "The General Assembly finds that it is in the public interest of the State of North Carolina to ensure expeditious awards of ARRA [America Recovery and Reinvestment Act of 2009] funds to maximize the economic recovery impact of the ARRA. It is the policy of the State to provide fair regulation, oversight, and transparency for the use of ARRA funds and to quickly and efficiently complete the awards of grants and contracts under the ARRA. It is also the policy of this State that, due to the historic level of federal and State oversight of ARRA grant and contract awards, restraint should be exercised in the granting of legal and injunctive relief that might forestall awards to programs and contractors." Session Laws 2009-475, s. 4, effective February 17, 2009, which added subdivision (c)(8), provided for a June 30, 2012 expiration. Session Laws 2011-272, s. 5, Session Laws 2011-287, s. 21(b) and Session Laws 2011-401, s. 1.10(b) each added a subdivision designated (e)(18). At the direction of the Revisor of Statutes, the subdivision (e)(18) added by Session Laws 2011-287, s. 21(b) has been redesignated subdivision (e)(19), and the subdivision (e)(18) added by Session Laws 2011-401, s. 1.10(b) has been redesignated subdivision (e)(20). Session Laws 2014-100, s. 15.14B(c), as amended by Session Laws 2017-212, s. 4.3, provides: "This section becomes effective January 1, 2015. The Secretary shall not award a grant for any qualifying expenses for which a taxpayer receives a tax credit under G.S. 105-130.47 or G.S. 105-151.29." Session Laws 2014-100, s. 13.2(a) and 2014-103, s. 17 both added subdivision (d)(26) with identical provisions. Session Laws 2014-100, s. 15.14B(b), and Session Laws 2014-100, s. 15.13(b), each added subdivisions designated as (d)(18a). At the direction of the Revisor of Statutes, the subdivision enacted by Session Laws 2014-100, s. 15.14B(b), has been redesignated as subdivision (d)(18b). Session Laws 2014-100, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2014.'" Session Laws 2014-100, s. 38.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2014-2015 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2014-2015 fiscal year." Session Laws 2014-100, s. 38.7, is a severability clause. Session Laws 2015-198, s. 7, is a severability clause. Session Laws 2015-198, s. 4 and Session Laws 2015-241, s. 14.6(g) both enacted a subdivision (e)(22). Subdivision (e)(22), as enacted by Session Laws 2015-241, s. 14.6(g) has been redesignated as subdivision (e)(23) at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 14.11(b), provides: "The Department of Environment and Natural Resources [Department of Natural and Cultural Resources], or any other department given responsibilities for the North Carolina Zoological Park, State parks, and the North Carolina Aquariums, may establish admission fees and related activity fees for those sites and facilities. In setting these fees, the Department of Environment and Natural Resources [Department of Natural and Cultural Resources] shall use a dynamic pricing strategy as defined in subsection (e) of this section. Any rule currently in the Administrative Code related to fees covered by subsection (a) of this section is ineffective and repealed upon the effective date of new admission fees and related activity fees adopted by the Department under the authority set out in that subsection. Notice of the initial adoption of new admission fees and related activity fees under subsection (a) of this section shall be given by the Department to the Codifier of Rules, who, upon receipt of notice of the initial adoption of new admission fees and related activity fees by the Department, shall note the repeal of these rules in the Administrative Code. Nothing in this subsection is intended to authorize the Department or any other department to charge new parking fees at the North Carolina Zoological Park, State parks, or the North Carolina Aquariums or to charge an admission fee at any other site or facility that does not currently charge an admission fee." Session Laws 2015-241, s. 14.11(e), provides: "For purposes of this section, 'dynamic pricing' is the adjustment of fees for admission and related activities from time to time to reflect market forces, including seasonal variations and special event interests, with the intent and effect to maximize revenues from use of these State resources to the extent practicable to offset appropriations from the General Assembly." Session Laws 2015-241, s. 14.11(i), provides: "This section applies to admission fees or related activity fees charged on or after the effective date [July 1, 2015] of this act." Session Laws 2015-241, s. 14.30(c), provides authority to construe references to the "Department of Environment and Natural Resources" taking effect on or after July 1, 2015, to be construed as the "Department of Natural and Cultural Resources" where appropriate, and to construe duties or requirements of the Department of Environment and Natural Resources to be the duties or requirements of the Department of Natural and Cultural Resources where appropriate. In addition, Session Laws 2015-241, s. 14.30(w) provides in part: "In any other instances in the General Statutes in which there is a reference to the Department of Environment and Natural Resources or a derivative thereof, the Revisor of Statutes may replace that reference with a reference to the Department of Natural and Cultural Resources or a derivative thereof, when necessary to harmonize the statutes with the transfers set forth in subsections (a) and (b) of this section." Pursuant to this authority, "Department of Natural and Cultural Resources" has been substituted for "Department of Environment and Natural Resources" in subdivision (d)(27) at the direction of the Revisor of Statutes. Also at the direction of the Revisor of Statutes, the references in subdivision (d)(27) to G.S. 143B-335, 113-35, and 143B-289.44 have been changed to G.S. 143B-135.205, 143B-135.16, and 143B-135.188, respectively, to conform to the recodification of those sections by Session Laws 2015-241, s. 14.30(c), (g), (i). Session Laws 2015-241, s. 14.11(a) and Session Laws 2015-241, s. 29.30(t), both enacted a subdivision (d)(27). Subdivision (d)(27), as enacted by Session Laws 2015-241, s. 29.30(t) has been redesignated as subdivision (d)(28) at the direction of the Revisor of Statutes. Session Laws 2015-241, s. 1.1, provides: "This act shall be known as 'The Current Operations and Capital Improvements Appropriations Act of 2015.'" Session Laws 2015-241, s. 33.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2015-2017 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2015-2017 fiscal biennium." Session Laws 2015-241, s. 33.6, is a severability clause. Session Laws 2016-113, s. 19(a), is a severability clause. This section was amended by Session Laws 2017-186, s. 2(ddddddddd), in the coded bill drafting format provided by G.S. 120-20.1. The act failed to account for the amendment to subdivision (d)(6) by Session Laws 2015-198, s. 3, which substituted "Department of Public Safety" for "Division of Adult Correction of the Department of Public Safety" and inserted "matters relating to executions under Article 19 of Chapter 15 of the General Statutes and." Session Laws 2017-186, s. 2(ddddddddd), would have inserted "and Juvenile Justice" following "Correction" in subdivision (d)(6). Subdivision (d)(6) has been set out in the form above at the direction of the Revisor of Statutes. Session Laws 2018-5, s. 11E.1(d), made subdivision (d)(29) of this section, as added by Session Laws 2018-5, s. 11E.1(b), effective July 1, 2018, and the fee authorized by G.S. 130A-125(c) applies to laboratory tests performed by the North Carolina State Laboratory of Public Health as part of the Newborn Screening Program on or after that date. Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Session Laws 2020-48, s. 4.1(d), made G.S. 150B-1(d)(30), as added by Session Laws 2020-48, s. 4.1(c), effective June 26, 2020, and applicable to actuarial tables, assumptions, and contribution-based benefit cap factors adopted or changed on or after that date. Session Laws 2020-48, s. 6.1, is a severability clause. Effect of Amendments. - Session Laws 1997-412, s. 8, effective January 1, 1998, and effective until July 1, 2001, substituted "for The University of North Carolina" for "from All But Judicial Review", and inserted "Except as provided in G.S. 143-135.3." Session Laws 1997-412, s. 14, provided that this amendment would expire July 1, 2001. Subsequently, Session Laws 2001-496, s. 8(c), effective July 1, 2001, and expiring December 31, 2006, reenacted Session Laws 1997-412, s. 8. Subsequently, Session Laws 2005-300, s. 1, amended Session Laws 2001-496, s. 14(a), by deleting the expiration clause. Session Laws 2004-88, s. 1(e), effective June 30, 2004, added subdivision (d)(13). Session Laws 2005-133, s. 10, effective June 29, 2005, rewrote subdivision (e)(9) by substituting "The North Carolina Occupational Safety and Health Review Commission" for "The Occupational Safety and Health Review Board." Session Laws 2005-344, s. 11.1, as added by Session Laws 2005-276, s. 31.1(ff), effective August 31, 2005, added subdivision (c)(7). Session Laws 2005-455, s. 3.3, effective January 1, 2006, and applicable to determinations made on or after that date, added subdivision (e)(15). Session Laws 2006-66, ss. 8.10(d) and 12.8(c), effective July 1, 2006, added subdivisions (d)(14) and (d)(15), respectively. Session Laws 2006-201, s. 2(a), effective October 1, 2006, and applicable to covered persons and legislative employees on or after January 1, 2007, to gifts received on or after January 1, 2007, to acts and conflicts of interest that arise on or after January 1, 2007, and to offenses committed on or after January 1, 2007, added subdivision (d)(16). Session Laws 2007-323, s. 13.2(c), effective July 1, 2007, added subdivision (d)(17). Session Laws 2007-323, s. 28.22A(o), as amended by Session Laws 2007-345, s. 12, effective July 1, 2008, substituted "State Health Plan for Teachers and State Employees" for "North Carolina Teachers' and State Employees' Comprehensive Major Medical Plan" in subdivisions (d)(7) and (e)(12), and substituted "State Health Plan for Teachers and State Employees" for "Teachers' and State Employees' Comprehensive Major Medical Plan" in subdivision (e)(13). Session Laws 2007-491, s. 2, effective January 1, 2008, deleted former subdivision (e)(6), which read: "Department of Revenue." Session Laws 2007-552, 1st Ex. Sess., s. 3, effective July 1, 2007, added subdivision (d)(18). Session Laws 2008-107, s. 10.15A(f), effective July 1, 2008, inserted "agencies" in the introductory paragraph of subsection (e); added subdivision (e)(16). Session Laws 2008-168, s. 5(a), effective July 1, 2008, substituted "Article 3A of" for "Parts 2, 3, 4, and 5 of Article 3" in subdivision (d)(7). Session Laws 2008-187, s. 26(b), effective August 7, 2008, substituted "G.S. 143B-437.012" for "G.S. 143B-437.11" in subdivision (d)(18). Session Laws 2009-445, s. 41(b), effective August 7, 2009, deleted subdivision (d)(15), which read: "The Department of Commerce in developing guidelines for the North Carolina Economic Development Reserve." Session Laws 2009-475, s. 4, effective February 17, 2009, and expiring June 30, 2012, added subdivision (c)(8). Session Laws 2009-523, s. 2(a), effective August 26, 2009, added subdivision (d)(19). Session Laws 2010-70, s. 2, effective July 1, 2010, and applicable to reviews of Health Choice Program enrollment, eligibility, or health services decisions requested by Health Choice Program applicants or recipients on or after that date, added subdivision (e)(17). Session Laws 2011-145, s. 8.18(a) and (b), as amended by Session Laws 2011-391, s. 19, effective June 15, 2011, deleted subdivisions (d)(14) and (d)(19); and added subsection (g). Session Laws 2011-145, s. 14.6(j), effective July 1, 2011, substituted "G.S. 136-262(a)(11)" for "G.S. 143B-454(a)(11)" in subsection (d)(11). Session Laws 2011-264, s. 4, effective June 23, 2011, added subdivision (d)(20). Session Laws 2011-272, s. 5, effective October 1, 2011, added subdivision (e)(18). Session Laws 2011-287, s. 21(a) and (b), deleted subdivision (c)(4), which read: "The Industrial Commission"; and added subdivision (e)(19). For effective date and applicability, see editor's note. Session Laws 2011-399, ss. 2 and 3, effective July 25, 2011, added "pursuant to G.S. 108A-54.2" at the end of subdivision (d)(9); and deleted subdivision (e)(16). Session Laws 2011-401, s. 1.10, effective November 1, 2011, deleted subdivision (c)(5), which read: "The Employment Security Commission"; and added subdivision (e)(20). Session Laws 2014-100, s. 13.2(a), effective July 1, 2014, added subdivision (d)(26). See Editor's note. Session Laws 2014-100, s. 15.13(b), effective July 1, 2014, added subdivision (d)(18a). Session Laws 2014-100, s. 15.14B(b), effective January 1, 2015, added subdivision (d)(18a). See Editor's notes for applicability and redesignation. Session Laws 2014-103, s. 17, effective August 6, 2014, added subdivision (d)(26). Session Laws 2015-198, ss. 3, 4, effective August 5, 2015, in subdivision (d)(6), substituted "Department of Public Safety" for "Division of Adult Correction of the Department of Public Safety" and inserted "matters relating to executions under Article 19 of Chapter 15 of the General Statutes and"; and added subdivision (e)(22). Session Laws 2015-198, s. 3, effective August 5, 2015, rewrote subdivision (d)(6). Session Laws 2015-198, s. 4, effective August 5, 2015, added subdivision (e)(22). Session Laws 2015-241, ss. 14.6(g), 14.30(s), (u), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in subdivision (d)(23); substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivision (e)(1); and added subdivision (e)(22) (now (e)(23)). Session Laws 2015-241, s. 14.11(a), effective July 1, 2015, and applicable to admission fees or related activity fees charged on or after July 1, 2015, in subdivision (d)(26), inserted the a. designation, inserted b., and inserted "and operating hours" in the last sentence; added subdivision (d)(27); and made minor stylistic changes. Session Laws 2015-241, s. 14.30(v), effective July 1, 2015, substituted "Secretary of Environmental Quality" for "Secretary of Environment and Natural Resources" in subdivision (e)(23). Session Laws 2015-241, s. 14.30(s), effective July 1, 2015, substituted "Department of Natural and Cultural Resources" for "Department of Cultural Resources" in subdivision (d)(23). Session Laws 2015-241, s. 14.30(u), effective July 1, 2015, substituted "Department of Environmental Quality" for "Department of Environment and Natural Resources" in subdivisions (d)(27) and (e)(1). Session Laws 2015-241, s. 14.30(v), effective July 1, 2015, substituted "Secretary of Environmental Quality" for "Secretary of Environment and Natural Resources" in subsection (a). Session Laws 2015-241, s. 29.30(t), effective July 1, 2020, added subdivision (d)(28). See editor's note for redesignation of subdivision. Session Laws 2016-113, s. 7(a), effective July 26, 2016, added sub-subdivision (d)(26)c. Session Laws 2017-186, s. 2(ddddddddd), effective December 1, 2017, inserted "and Juvenile Justice" in subdivision (e)(7). Session Laws 2018-5, s. 11E.1(b), added subdivision (d)(29). For effective date and applicability, see editor's note. Session Laws 2018-5, s. 37.1(h), effective June 12, 2018, added subdivision (e)(24). Session Laws 2018-142, s. 21, effective December 15, 2018, in subdivision (d)(6), deleted "and Juvenile Justice" preceding "The Department of." Session Laws 2019-81, s. 10, effective October 1, 2019, added "commenced under G.S. 108A-70.29b" in subdivision (e)(17); and added subdivision (e)(25). Session Laws 2019-165, s. 7, effective July 26, 2019, added subdivision (e)(26). Session Laws 2019-177, s. 8.2, effective July 26, 2019, repealed subdivision (e)(11) pertaining to hearings on eligibility of assaultive or violent children.. Session Laws 2020-48, s. 4.1(c), added subdivision (d)(30). For effective date and applicability, see editor's note. Legal Periodicals. - For comment on former Chapter 150 , see 31 N.C.L. Rev. 378 (1953). For note as to constitutionality of statutes licensing occupations, see 35 N.C.L. Rev. 473 (1957). For article on administrative evidence rules, see 49 N.C.L. Rev. 635 (1971). For interpretative analysis of former Chapter 150A , see 53 N.C.L. Rev. 833 (1975). For survey of 1979 administrative law, see 58 N.C.L. Rev. 1185 (1980). For article, "A Powerless Judiciary? The North Carolina Courts' Perceptions of Review of Administrative Action," see 12 N.C. Cent. L.J. 21 (1980). For survey of 1980 administrative law, see 59 N.C.L. Rev. 1026 (1981). For survey of 1982 law on administrative law, see 61 N.C.L. Rev. 961 (1983). For article, "The New Administrative Procedures Act: A Practical Guide to Understanding and Using It," see 9 Campbell L. Rev. 293 (1987). For note, "The Forty-Two Hundred Dollar Question: 'May State Agencies Have Discretion in Setting Civil Penalties Under the North Carolina Constitution?'," see 68 N.C.L. Rev. 1035 (1990). For survey of 1996 developments in constitutional law, see 75 N.C.L. Rev. 2252 (1997). For article, "Powers of Administrative Law Judges, Agencies, and Courts: An Analytical and Empirical Assessment," see 79 N.C.L. Rev. 1571 (2001). For article, "What Were We Thinking?: Legislative Intent and the 2000 Amendments to the North Carolina APA," see 79 N.C.L. Rev. 1657 (2001). For article, "Wind Over North Carolina Waters: The State's Preparedness to Address Offshore and Coastal Water-Based Wind Energy Projects," see 87 N.C.L. Rev. 1819 (2009). For article, "Plenary Power in the Modern Administrative State," see 96 N.C.L. Rev. 77 (2017). For article, "The Re-'Tooling' of Federal ALJs: Lucia v. SEC and Executive Order 13,843," see 97 N.C. L. Rev. Addendum 21 (2019).