North Carolina General Statutes Chapter 150B Administrative Procedure Act

Article 1 - General Provisions.

N.C. Gen. Stat. § 150B-1. Policy and scope
(a) Purpose. - This Chapter establishes a uniform system of administrative rule making and adjudicatory procedures for agencies. The procedures ensure that the functions...
N.C. Gen. Stat. § 150B-2. Definitions
As used in this Chapter, (1) "Administrative law judge" means a person appointed under G.S. 7A-752, 7A-753, or 7A-757. (1a) "Agency" means an agency...
N.C. Gen. Stat. § 150B-3. Special provisions on licensing
(a) When an applicant or a licensee makes a timely and sufficient application for issuance or renewal of a license or occupational license, including...
N.C. Gen. Stat. § 150B-4. Declaratory rulings
(a) On request of a person aggrieved, an agency shall issue a declaratory ruling as to the validity of a rule or as to...
N.C. Gen. Stat. § 150B-5 through 150B-8. Reserved for future codification purposes

Article 2 - Rule Making.

N.C. Gen. Stat. § 150B-9 through 150B-16. Repealed by Session Laws 1991, c. 418, s. 5
N.C. Gen. Stat. § 150B-17. Recodified as � 150B-4 by Session Laws 1991, c. 418, s. 4

Article 2A - Rules.

N.C. Gen. Stat. § 150B-18. Scope and effect
This Article applies to an agency's exercise of its authority to adopt a rule. A rule is not valid unless it is adopted in...
N.C. Gen. Stat. § 150B-19. Restrictions on what can be adopted as a rule
An agency may not adopt a rule that does one or more of the following: (1) Implements or interprets a law unless that law...
N.C. Gen. Stat. § 150B-19.1. Requirements for agencies in the rule-making process
(a) In developing and drafting rules for adoption in accordance with this Article, agencies shall adhere to the following principles: (1) An agency may...
N.C. Gen. Stat. § 150B-19.2. Repealed by Session Laws 2013-413, s. 3(c). For effective date, see editor's note
N.C. Gen. Stat. § 150B-19.3. Limitation on certain environmental rules
(a) An agency authorized to implement and enforce State and federal environmental laws may not adopt a rule for the protection of the environment...
N.C. Gen. Stat. § 150B-20. Petitioning an agency to adopt a rule
(a) Petition. - A person may petition an agency to adopt a rule by submitting to the agency a written rule-making petition requesting the...
N.C. Gen. Stat. § 150B-21. Agency must designate rule-making coordinator; duties of coordinator
(a) Each agency must designate one or more rule-making coordinators to oversee the agency's rule-making functions. The coordinator shall serve as the liaison between...
N.C. Gen. Stat. § 150B-21.1. Procedure for adopting a temporary rule
(a) Adoption. - An agency may adopt a temporary rule when it finds that adherence to the notice and hearing requirements of G.S. 150B-21.2...
N.C. Gen. Stat. § 150B-21.1A. Adoption of an emergency rule
(a) Adoption. - An agency may adopt an emergency rule without prior notice or hearing or upon any abbreviated notice or hearing the agency...
N.C. Gen. Stat. § 150B-21.2. Procedure for adopting a permanent rule
(a) Steps. - Before an agency adopts a permanent rule, the agency must comply with the requirements of G.S. 150B-19.1, and it must take...
N.C. Gen. Stat. § 150B-21.3. Effective date of rules
(a) Temporary and Emergency Rules. - A temporary rule or an emergency rule becomes effective on the date the Codifier of Rules enters the...
N.C. Gen. Stat. § 150B-21.3A. Periodic review and expiration of existing rules
(a) Definitions. - For purposes of this section, the following definitions apply: (1) Commission. - Means the Rules Review Commission. (2) Committee. - Means...
N.C. Gen. Stat. § 150B-21.4. Fiscal notes on rules
(a) State Funds. - Before an agency adopts a permanent rule change that would require the expenditure or distribution of funds subject to the...
N.C. Gen. Stat. § 150B-21.5. Circumstances when notice and rule-making hearing not required
(a) Amendment. - An agency is not required to publish a notice of text in the North Carolina Register or hold a public hearing...
N.C. Gen. Stat. § 150B-21.6. Incorporating material in a rule by reference
An agency may incorporate the following material by reference in a rule without repeating the text of the referenced material: (1) Another rule or...
N.C. Gen. Stat. § 150B-21.7. Effect of transfer of duties or termination of agency on rules
(a) When a law that authorizes an agency to adopt a rule is repealed and another law gives the same or another agency substantially...
N.C. Gen. Stat. § 150B-21.8. Review of rule by Commission
(a) Emergency Rule. - The Commission does not review an emergency rule. (b) Temporary and Permanent Rules. - An agency must submit temporary and...
N.C. Gen. Stat. § 150B-21.9. Standards and timetable for review by Commission
(a) Standards. - The Commission must determine whether a rule meets all of the following criteria: (1) It is within the authority delegated to...
N.C. Gen. Stat. § 150B-21.10. Commission action on permanent rule
At the first meeting at which a permanent rule is before the Commission for review, the Commission must take one of the following actions:...
N.C. Gen. Stat. § 150B-21.11. Procedure when Commission approves permanent rule
When the Commission approves a permanent rule, it must notify the agency that adopted the rule of the Commission's approval, and deliver the approved...
N.C. Gen. Stat. § 150B-21.12. Procedure when Commission objects to a permanent rule
(a) Action. - When the Commission objects to a permanent rule, it must send the agency that adopted the rule a written statement of...
N.C. Gen. Stat. § 150B-21.13. Procedure when Commission extends period for review of permanent rule
When the Commission extends the period for review of a permanent rule, it must notify the agency that adopted the rule of the extension...
N.C. Gen. Stat. § 150B-21.14. Public hearing on a rule
The Commission may call a public hearing on a rule when it extends the period for review of the rule. At the request of...
N.C. Gen. Stat. § 150B-21.15. Repealed by Session Laws 1995, c. 507, s. 27.8(i)
N.C. Gen. Stat. § 150B-21.16. Repealed by Session Laws 2011-398, s. 9, effective October 1, 2011, and applicable to rules adopted on or after that date
N.C. Gen. Stat. § 150B-21.17. North Carolina Register
(a) Content. - The Codifier of Rules must publish the North Carolina Register. The North Carolina Register must be published at least two times...
N.C. Gen. Stat. § 150B-21.18. North Carolina Administrative Code
The Codifier of Rules must compile all rules into a Code known as the North Carolina Administrative Code. The format and indexing of the...
N.C. Gen. Stat. § 150B-21.19. Requirements for including rule in Code
To be acceptable for inclusion in the North Carolina Administrative Code, a rule must: (1) Cite the law under which the rule is adopted....
N.C. Gen. Stat. § 150B-21.20. Codifier's authority to revise form of rules
(a) Authority. - After consulting with the agency that adopted the rule, the Codifier of Rules may revise the form of a rule submitted...
N.C. Gen. Stat. § 150B-21.21. Publication of rules of North Carolina State Bar, Building Code Council, and exempt agencies
(a) State Bar. - The North Carolina State Bar must submit a rule adopted or approved by it and entered in the minutes of...
N.C. Gen. Stat. § 150B-21.22. Effect of inclusion in Code
Official or judicial notice can be taken of a rule in the North Carolina Administrative Code and shall be taken when appropriate. (1973, c....
N.C. Gen. Stat. § 150B-21.23. Repealed by Session Laws 2011-398, s. 13, effective October 1, 2011, and applicable to rules adopted on or after that date
N.C. Gen. Stat. § 150B-21.24. Access to Register and Code
(a) Register. - The Codifier of Rules shall make available the North Carolina Register on the Internet at no charge. (b) Code. - The...
N.C. Gen. Stat. § 150B-21.25. Paid copies of Register and Code
A person who is not entitled to a free copy of the North Carolina Administrative Code or North Carolina Register may obtain a copy...
N.C. Gen. Stat. § 150B-21.26. Office of State Budget and Management to conduct preliminary review of certain administrative rules
(a) Preliminary Review. - At least 60 days before an agency publishes in the North Carolina Register the proposed text of a permanent rule...
N.C. Gen. Stat. § 150B-21.27. Minimizing the effects of rules on local budgets
In adopting permanent rules that would increase or decrease the expenditures or revenues of a unit of local government, the agency shall consider the...
N.C. Gen. Stat. § 150B-21.28. Role of the Office of State Budget and Management
The Office of State Budget and Management shall: (1) Compile an annual summary of the projected fiscal impact on units of local government of...

Article 3 - Administrative Hearings.

N.C. Gen. Stat. § 150B-22. Settlement; contested case
It is the policy of this State that any dispute between an agency and another person that involves the person's rights, duties, or privileges,...
N.C. Gen. Stat. § 150B-22.1. Special education petitions
(a) Notwithstanding any other provision of this Chapter, timelines and other procedural safeguards required to be provided under IDEA and Article 9 of Chapter...
N.C. Gen. Stat. § 150B-23. Commencement; assignment of administrative law judge; hearing required; notice; intervention
(a) A contested case shall be commenced by paying a fee in an amount established in G.S. 150B-23.2 and by filing a petition with...
N.C. Gen. Stat. § 150B-23.1. Mediated settlement conferences
(a) Purpose. - This section authorizes a mediation program in the Office of Administrative Hearings in which the chief administrative law judge may require...
N.C. Gen. Stat. § 150B-23.2. Fee for filing a contested case hearing
(a) Filing Fee. - In every contested case commenced in the Office of Administrative Hearings by a person aggrieved, the petitioner shall pay a...
N.C. Gen. Stat. § 150B-24. Venue of hearing
(a) The hearing of a contested case shall be conducted: (1) In the county in this State in which any person whose property or...
N.C. Gen. Stat. § 150B-25. Conduct of hearing; answer
(a) If a party fails to appear in a contested case after proper service of notice, and if no adjournment or continuance is granted,...
N.C. Gen. Stat. § 150B-26. Consolidation
When contested cases involving a common question of law or fact or multiple proceedings involving the same or related parties are pending, the Director...
N.C. Gen. Stat. § 150B-27. Subpoena
After the commencement of a contested case, subpoenas may be issued and served in accordance with G.S. 1A-1, Rule 45. In addition to the...
N.C. Gen. Stat. § 150B-28. Depositions and discovery
(a) A deposition may be used in lieu of other evidence when taken in compliance with the Rules of Civil Procedure, G.S. 1A-1. Parties...
N.C. Gen. Stat. § 150B-29. Rules of evidence
(a) In all contested cases, irrelevant, immaterial and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied...
N.C. Gen. Stat. § 150B-30. Official notice
Official notice may be taken of all facts of which judicial notice may be taken and of other facts within the specialized knowledge of...
N.C. Gen. Stat. § 150B-31. Stipulations
(a) The parties in a contested case may, by a stipulation in writing filed with the administrative law judge, agree upon any fact involved...
N.C. Gen. Stat. § 150B-31.1. Contested tax cases
(a) Application. - This section applies only to contested tax cases. A contested tax case is a case involving a disputed tax matter arising...
N.C. Gen. Stat. § 150B-32. Designation of administrative law judge
(a) The Director of the Office of Administrative Hearings shall assign himself or another administrative law judge to preside over a contested case. (a1)...
N.C. Gen. Stat. § 150B-33. Powers of administrative law judge
(a) An administrative law judge shall stay any contested case under this Article on motion of an agency which is a party to the...
N.C. Gen. Stat. § 150B-34. Final decision or order
(a) In each contested case the administrative law judge shall make a final decision or order that contains findings of fact and conclusions of...
N.C. Gen. Stat. § 150B-35. No ex parte communication; exceptions
Unless required for disposition of an ex parte matter authorized by law, the administrative law judge assigned to a contested case may not communicate,...
N.C. Gen. Stat. § 150B-36. Repealed by Session Laws 2011-398, s. 20. For effective date and applicability, see editor's note
N.C. Gen. Stat. § 150B-37. Official record
(a) In a contested case, the Office of Administrative Hearings shall prepare an official record of the case that includes: (1) Notices, pleadings, motions,...

Article 3A - Other Administrative Hearings.

N.C. Gen. Stat. § 150B-38. Scope; hearing required; notice; venue
(a) The provisions of this Article shall apply to: (1) Occupational licensing agencies. (2) The State Banking Commission, the Commissioner of Banks, and the...
N.C. Gen. Stat. § 150B-39. Depositions; discovery; subpoenas
(a) A deposition may be used in lieu of other evidence when taken in compliance with the Rules of Civil Procedure, G.S. 1A-1. Parties...
N.C. Gen. Stat. § 150B-40. Conduct of hearing; presiding officer; ex parte communication
(a) Hearings shall be conducted in a fair and impartial manner. At the hearing, the agency and the parties shall be given an opportunity...
N.C. Gen. Stat. § 150B-41. Evidence; stipulations; official notice
(a) In all contested cases, irrelevant, immaterial, and unduly repetitious evidence shall be excluded. Except as otherwise provided, the rules of evidence as applied...
N.C. Gen. Stat. § 150B-42. Final agency decision; official record
(a) After compliance with the provisions of G.S. 150B-40(e), if applicable, and review of the official record, as defined in subsection (b) of this...

Article 4 - Judicial Review.

N.C. Gen. Stat. § 150B-43. Right to judicial review
Any party or person aggrieved by the final decision in a contested case, and who has exhausted all administrative remedies made available to the...
N.C. Gen. Stat. § 150B-44. Right to judicial intervention when decision unreasonably delayed
Unreasonable delay on the part of any agency or administrative law judge in taking any required action shall be justification for any person whose...
N.C. Gen. Stat. § 150B-45. Procedure for seeking review; waiver
(a) Procedure. - To obtain judicial review of a final decision under this Article, the person seeking review must file a petition within 30...
N.C. Gen. Stat. § 150B-46. Contents of petition; copies served on all parties; intervention
The petition shall explicitly state what exceptions are taken to the decision or procedure and what relief the petitioner seeks. Within 10 days after...
N.C. Gen. Stat. § 150B-47. Records filed with clerk of superior court; contents of records; costs
Within 30 days after receipt of the copy of the petition for review, or within such additional time as the court may allow, the...
N.C. Gen. Stat. § 150B-48. Stay of decision
At any time before or during the review proceeding, the person aggrieved may apply to the reviewing court for an order staying the operation...
N.C. Gen. Stat. § 150B-49. New evidence
A party or person aggrieved who files a petition in the superior court may apply to the court to present additional evidence. If the...
N.C. Gen. Stat. § 150B-50. Review by superior court without jury
The review by a superior court of administrative decisions under this Chapter shall be conducted by the court without a jury. (1973, c. 1331,...
N.C. Gen. Stat. § 150B-51. Scope and standard of review
(a), (a1) Repealed by Sessions Laws, 2011-398, s. 27. For effective date and applicability, see editor's note. (b) The court reviewing a final decision...
N.C. Gen. Stat. § 150B-52. Appeal; stay of court's decision
A party to a review proceeding in a superior court may appeal to the appellate division from the final judgment of the superior court...
N.C. Gen. Stat. § 150B-53 through 150B-57. Reserved for future codification purposes

Article 5 - Publication of Administrative Rules.

N.C. Gen. Stat. § 150B-58 through 150B-64. Repealed by Session Laws 1991, c. 418, s. 5

Last modified: March 23, 2014