North Carolina § 7A-750 - Creation; status; purpose.

§ 7A-750. Creation; status; purpose.

There is created an Office of Administrative Hearings. The Office of Administrative Hearings is an independent, quasi-judicial agency under Article III, Sec. 11 of the Constitution and, in accordance with Article IV, Sec. 3 of the Constitution, has such judicial powers as may be reasonably necessary as an incident to the accomplishment of the purposes for which it is created. The Office of Administrative Hearings is established to ensure that administrative decisions are made in a fair and impartial manner to protect the due process rights of citizens who challenge administrative action and to provide a source of independent administrative law judges to conduct administrative hearings in contested cases in accordance with Chapter 150B of the General Statutes and thereby prevent the commingling of legislative, executive, and judicial functions in the administrative process. It shall also maintain dockets and records of contested cases and shall codify and publish all administrative rules. History (1985, c. 746, s. 2; 1991, c. 103, s. 1; 2000-190, s. 2.) Editor's Note. - Section 19 of Session Laws 1985, c. 746, which enacted G.S. 7A-750 to 7A-758, provided that c. 746 would expire January 1, 1992. However, Session Laws 1991, c. 103 deleted the sunset provision. Therefore, G.S. 7A-750 through 7A-758 remain in effect. 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 2004-124, s. 1.2, provides: "This act shall be known as the 'Current Operations and Capital Improvements Appropriations Act of 2004'." Session Laws 2004-124, s. 33.3, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2004-2005 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2004-2005 fiscal year." Session Laws 2004-124, s. 33.5, contains a severability clause. Legal Periodicals. - For article, "The Asymmetry of Administrative Law: The Lack of Public Participation and the Public Interest: The Enlightenment of Administrative Law: Looking Inside the Agency for Legitimacy," see 47 Wake Forest L. Rev. 463 (2012). For article, "The Asymmetry of Administrative Law: The Lack of Public Participation and the Public Interest: The Age of Greed and the Sabotage of Regulation," see 47 Wake Forest L. Rev. 503 (2012). For article, "The Asymmetry of Administrative Law: The Lack of Public Participation and the Public Interest: The Lack of Public Participation and the Public Interest: Capture Nuances in Financial Regulation," see 47 Wake Forest L. Rev. 537 (2012). For article, "The Asymmetry of Administrative Law: The Lack of Public Participation and the Public Interest: The Benefits of Capture," see 47 Wake Forest L. Rev. 569 (2012). For article, "Administering Suspect Classes," see 66 Duke L.J. 1807 (2017). For article, "Loud and Soft Anti-Chevron Decisions," see 53 Wake Forest L. Rev. 37 (2018). For article, "Perez: A Call for a Renewed Look at Chevron, Jurisdictional Questions, and Statutory Silence," see 40 Campbell L. Rev. 173 (2018). For article, "Remedial Chevron,” see 97 N.C.L. Rev. 1 (2018). For article, "Lead Us Not into Temptation: Should Attorneys Who Contract to Provide Administrative Adjudication Services Be Insulated from Those Who Compensate Them?," see 68 Duke L.J. 24 (2019). For article, "Judicial Ethics: Ethics and Judicial Independence in an Executive Branch Judiciary," see 68 Duke L.J. 40 (2019).