H.B. 67
GENERAL ASSEMBLY OF NORTH CAROLINA
Feb 10, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40067-MUz-11
Short Title: GSC Technical Corrections 2021. (Public)
Sponsors: Representative Davis.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO MAKE TECHNICAL CORRECTIONS TO THE GENERAL STATUTES AND
3 SESSION LAWS, AS RECOMMENDED BY THE GENERAL STATUTES
4 COMMISSION.
5 The General Assembly of North Carolina enacts:
6 SECTION 1. G.S. 42-34.1 reads as rewritten:
7 "§ 42-34.1. Rent pending execution of judgment; post bond pending appeal.
8 (a) If the judgment in district court is against the defendant appellant, it shall be is
9 sufficient to stay execution of the judgment during the 30-day time period for taking an appeal
10 provided for in Rule 3 of the North Carolina Rules of Appellate Procedure if the defendant
11 appellant posts a bond as provided in G.S. 42-34(b), and no G.S. 42-34(b). No additional security
12 under G.S. 1-292 is required. If the defendant appellant fails to make rental payments as provided
13 in the undertaking within five days of the day rent is due under the terms of the residential rental
14 agreement, the clerk of superior court shall, upon application of the plaintiff appellee,
15 immediately issue a writ of possession, and the sheriff shall dispossess the defendant appellant
16 as provided in G.S. 42-36.2.
17 (a1) If the judgment in district court is against the defendant appellant and the defendant
18 appellant does not appeal the judgment, the defendant appellant shall pay rent to the plaintiff for
19 the time the defendant appellant remains in possession of the premises after the judgment is
20 given. Rent shall be prorated if the judgment is executed before the day rent would become due
21 under the terms of the lease. The clerk of court shall disperse disburse any rent in arrears paid by
22 the defendant appellant in accordance with a stipulation executed by all parties or, if there is no
23 stipulation, in accordance with the judge's order.
24 (b) If the judgment in district court is against the defendant appellant and the defendant
25 appellant appeals the judgment, it shall be is sufficient to stay execution of the judgment if the
26 defendant appellant posts a bond as provided in G.S. 42-34(b), and no G.S. 42-34(b). No
27 additional security under G.S. 1-292 is required. If the defendant appellant fails to perfect the
28 appeal or the appellate court upholds the judgment of the district court, the execution of the
29 judgment shall proceed. The clerk of court shall not disperse disburse any rent in arrears paid by
30 the defendant appellant until all appeals have been resolved."
31 SECTION 2.(a) Subdivisions (1b) and (7) of G.S. 150B-2 are recodified as
32 subdivisions (1a) and (5a) of G.S. 150B-2, respectively.
33 SECTION 2.(b) G.S. 150B-2, as amended by subsection (a) of this section, reads as
34 rewritten:
35 "§ 150B-2. Definitions.
36 As used in this Chapter, the following definitions apply:
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 General Assembly Of North Carolina Session 2021
1 (1) "Administrative law judge" means a Administrative law judge. – A person
2 appointed under G.S. 7A-752, 7A-753, or 7A-757.
3 (1a) "Adopt" means to Adopt. – To take final action to create, amend, or repeal a
4 rule.
5 (1a)(1b) "Agency" means an Agency. – An agency or an officer in the executive
6 branch of the government of this State and State. The term includes the
7 Council of State, the Governor's Office, a board, a commission, a department,
8 a division, a council, and any other unit of government in the executive branch.
9 A local unit of government is not an agency.
10 (1c) "Codifier of Rules" means the Codifier of Rules. – The person appointed by
11 the Chief Administrative Law Judge of the Office of Administrative Hearings
12 pursuant to G.S. 7A-760(b).
13 (1d) "Commission" means the Commission. – The Rules Review Commission.
14 (2) "Contested case" means an Contested case. – An administrative proceeding
15 pursuant to this Chapter to resolve a dispute between an agency and another
16 person that involves the person's rights, duties, or privileges, including
17 licensing or the levy of a monetary penalty. "Contested case" The term does
18 not include rulemaking, declaratory rulings, or the award or denial of a
19 scholarship, a grant, or a loan.
20 (2a) Repealed by Session Laws 1991, c. 418, s. 3.
21 (2b) "Hearing officer" means a Hearing officer. – A person or group of persons
22 designated by an agency that is subject to Article 3A of this Chapter to preside
23 in a contested case hearing conducted under that Article.
24 (3) "License" means any License. – Any certificate, permit permit, or other
25 evidence, by whatever name called, of a right or privilege to engage in any
26 activity, except licenses issued under Chapter 20 and Subchapter I of Chapter
27 105 of the General Statutes, occupational licenses, and certifications of
28 electronic poll books, ballot duplication systems, or voting systems under
29 G.S. 163-165.7.
30 (4) "Licensing" means any Licensing. – Any administrative action issuing, failing
31 to issue, suspending, or revoking a license or occupational license.
32 "Licensing" The term does not include controversies over whether an
33 examination was fair or whether the applicant passed the examination.
34 (4a) "Occupational license" means any Occupational license. – Any certificate,
35 permit, or other evidence, by whatever name called, of a right or privilege to
36 engage in a profession, occupation, or field of endeavor that is issued by an
37 occupational licensing agency.
38 (4b) "Occupational licensing agency" means any Occupational licensing agency. –
39 Any board, commission, committee committee, or other agency of the State
40 of North Carolina which that is established for the primary purpose of
41 regulating the entry of persons into, and/or or the conduct of persons within a
42 particular profession, occupation occupation, or field of endeavor, and which
43 that is authorized to issue and revoke licenses. "Occupational licensing
44 agency" The term does not include State agencies or departments which that
45 may as only a part of their regular function issue permits or licenses.
46 (5) "Party" means any Party. – Any person or agency named or admitted as a party
47 or properly seeking as of right to be admitted as a party and includes the
48 agency as appropriate.
49 (5a) "Person" means any Person. – Any natural person, partnership, corporation,
50 body politic politic, and any unincorporated association, organization, or
51 society which that may sue or be sued under a common name.
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1 (6) "Person aggrieved" means any Person aggrieved. – Any person or group of
2 persons of common interest directly or indirectly affected substantially in his
3 his, her, or its person, property, or employment by an administrative decision.
4 (7a) "Policy" means any Policy. – Any nonbinding interpretive statement within
5 the delegated authority of an agency that merely defines, interprets, or
6 explains the meaning of a statute or rule. The term includes any document
7 issued by an agency which that is intended and used purely to assist a person
8 to comply with the law, such as a guidance document.
9 (8) "Residence" means domicile Residence. – Domicile or principal place of
10 business.
11 (8a) "Rule" means any Rule. – Any agency regulation, standard, or statement of
12 general applicability that implements or interprets an enactment of the General
13 Assembly or Congress or a regulation adopted by a federal agency or that
14 describes the procedure or practice requirements of an agency. The term
15 includes the establishment of a fee and the amendment or repeal of a prior
16 rule. The term does not include the following:
17 …
18 b. Budgets and budget policies and procedures issued by the Director of
19 the Budget, by the head of a department, as defined by G.S. 143A-2 or
20 G.S. 143B-3, or by an occupational licensing board, as defined by
21 G.S. 93B-1.
22 …
23 l. Standards adopted by the Department of Information Technology
24 State Chief Information Officer and applied to information technology
25 as defined by G.S. 147-33.81.in G.S. 143B-1320.
26 (8b) Repealed by Session Laws 2011-398, s. 61.2, effective July 25, 2011.
27 (8c) "Substantial evidence" means relevant Substantial evidence. – Relevant
28 evidence a reasonable mind might accept as adequate to support a conclusion.
29 (9) Repealed by Session Laws 1991, c. 418, s. 3."
30 SECTION 2.(c) G.S. 150B-38 reads as rewritten:
31 "§ 150B-38. Scope; hearing required; notice; venue.
32 (a) The provisions of this Article shall apply to:
33 (1) Occupational licensing agencies.
34 (2) The State Banking Commission, the Commissioner of Banks, and the Credit
35 Union Division of the Department of Commerce.
36 (3) The Department of Insurance and the Commissioner of Insurance.
37 (4) The State Chief Information Officer in the administration of the provisions of
38 Article 15 of Chapter 143B of the General Statutes.
39 (5) The North Carolina State Building Code Council.
40 (6) Repealed by Session Laws 2018-146, s. 4.4(b), effective December 27, 2018.
41 (b) Prior to any agency action in a contested case, the agency shall give the parties in the
42 case an opportunity for a hearing without undue delay and notice not less than 15 days before the
43 hearing. Notice to the parties shall include:include all of the following:
44 (1) A statement of the date, hour, place, and nature of the hearing;hearing.
45 (2) A reference to the particular sections of the statutes and rules involved;
46 andinvolved.
47 (3) A short and plain statement of the facts alleged.
48 (c) Notice shall be given by one of the methods for service of process under G.S. 1A-1,
49 Rule 4(j) or Rule 4(j3). If given by registered or certified mail, by signature confirmation as
50 provided by the United States Postal Service, or by designated delivery service authorized
51 pursuant to 26 U.S.C. § 7502(f)(2) with delivery receipt, notice shall be deemed to have been
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1 given on the delivery date appearing on the return receipt, copy of proof of delivery provided by
2 the United States Postal Service, or delivery receipt. If notice cannot be given by one of the
3 methods for service of process under G.S. 1A-1, Rule 4(j) or Rule 4(j3), then notice shall be
4 given in the manner provided in G.S. 1A-1, Rule 4(j1).
5 (d) A party who that has been served with a notice of hearing may file a written response
6 with the agency. If a written response is filed, a copy of the response must shall be mailed to all
7 other parties not less than 10 days before the date set for the hearing.
8 (e) All hearings conducted under this Article shall be open to the public. A hearing
9 conducted by the agency shall be held in the county where the agency maintains its principal
10 office. A hearing conducted for the agency by an administrative law judge requested under
11 G.S. 150B-40 shall be held in a county in this State where any person whose property or rights
12 are the subject matter of the hearing resides. If a different venue would promote the ends of
13 justice or better serve the convenience of witnesses, the agency or the administrative law judge
14 may designate another county. A person whose property or rights are the subject matter of the
15 hearing waives his an objection to venue if he proceeds by proceeding in the hearing.
16 (f) Any person may petition to become a party by filing with the agency or hearing officer
17 a motion to intervene in the manner provided by G.S. 1A-1, Rule 24. In addition, any person
18 interested in a contested case under this Article may intervene and participate to the extent
19 deemed appropriate by the agency hearing officer.
20 (g) When contested cases involving a common question of law or fact or multiple
21 proceedings involving the same or related parties are pending before an agency, the agency may
22 order a joint hearing of any matters at issue in the cases, order the cases consolidated, or make
23 other orders to reduce costs or delay in the proceedings.
24 (h) Every agency shall adopt rules governing the conduct of hearings that are consistent
25 with the provisions of this Article.
26 (i) Standards adopted by the State Chief Information Officer and applied to information
27 technology as defined in G.S. 143B-1320."
28 SECTION 2.(d) G.S. 122C-151.4 reads as rewritten:
29 "§ 122C-151.4. Appeal to State MH/DD/SA Appeals Panel.
30 (a) Definitions. – The following definitions apply in this section:
31 (1) "Appeals Panel" means the State MH/DD/SA Appeals Panel established under
32 this section.
33 (1a) "Client" means an Client. – An individual who is admitted to or receiving
34 public services from an area facility. "Client" The term includes the client's
35 personal representative or designee.
36 (1b) "Contract" means a Contract. – A contract with an area authority or county
37 program to provide services, other than personal services, to clients and other
38 recipients of services.
39 (2) "Contractor" means a Contractor. – A person who that has a contract or who
40 that had a contract during the current fiscal year.
41 (3) "Former contractor" means a Former contractor. – A person who that had a
42 contract during the previous fiscal year.
43 (4) Panel. – The State MH/DD/SA Appeals Panel established under this section.
44 (b) Appeals Panel. – The State MH/DD/SA Appeals Panel is established. The Panel shall
45 consist of three members appointed by the Secretary. The Secretary shall determine the
46 qualifications of the Panel members. Panel members serve at the pleasure of the Secretary.
47 (c) Who Can Persons That May Appeal. – The following persons may appeal to the State
48 MH/DD/SA Appeals Panel after having exhausted the appeals process at the appropriate area
49 authority or county program:
50 (1) A contractor or a former contractor who that claims that an area authority or
51 county program is not acting or has not acted within applicable State law or
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1 rules in denying the contractor's application for endorsement or in imposing a
2 particular requirement on the contractor on fulfillment of the
3 contract;contract.
4 (2) A contractor or a former contractor who that claims that a requirement of the
5 contract substantially compromises the ability of the contractor to fulfill the
6 contract;contract.
7 (3) A contractor or former contractor who that claims that an area authority or
8 county program has acted arbitrarily and capriciously in reducing funding for
9 the type of services provided or formerly provided by the contractor or former
10 contractor;contractor.
11 (4) A client or a person who was a client in the previous fiscal year, who claims
12 that an