GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION

CHAPTER 538
HOUSE BILL 692

AN ACT TO EXEMPT THE DEPARTMENT OF HUMAN RESOURCES AS REQUIRED BY FEDERAL LAW FROM THE STATE LAWS CONCERNING ADMINISTRATIVE HEARINGS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 150B-1(d) reads as rewritten:
"(d)	The following are specifically exempted from the provisions of this Chapter:  the Administrative Rules Review Commission, the Employment Security Commission, the Industrial Commission, the Occupational Safety and Health Review Board in all actions that do not involve agricultural employers, and the Utilities Commission.
The North Carolina National Guard is exempt from the provisions of this Chapter in exercising its court-martial jurisdiction.
The Department of Human Resources is exempt from this Chapter in exercising its authority over the Camp Butner reservation granted in Article 6 of Chapter 122C of the General Statutes.  The Department of Human Resources is also exempt from Article 3 of this Chapter in complying with the procedural safeguards mandated by the Section 680 of Part H of P.L. 99-457 as amended (Education of the Handicapped Act Amendments of 1986).
The Department of Correction is exempt from the provisions of this Chapter, except for Article 5 of this Chapter and G.S. 150B-13 which shall apply.
Articles 2 and 3 of this Chapter shall not apply to the Department of Revenue.  Except as provided in Chapter 136 of the General Statutes, Articles 2 and 3 of this Chapter do not apply to the Department of Transportation.
Article 4 of this Chapter, governing judicial review of final administrative decisions, shall apply to The University of North Carolina and its constituent or affiliated boards, agencies, and institutions, but The University of North Carolina and its constituent or affiliated boards, agencies, and institutions are specifically exempted from the remaining provisions of this Chapter.  Article 4 of this Chapter shall not apply to the State Banking Commission, the Commissioner of Banks, the Savings and Loan Division of the Department of Commerce, and the Credit Union Division of the Department of Commerce.
Article 3 of this Chapter shall not apply to agencies governed by the provisions of Article 3A of this Chapter, as set out in G.S. 150B-38(a).
Articles 3 and 3A of this Chapter shall not apply to the Governor's Waste Management Board in administering the provisions of G.S. 104E-6.2.
Article 2 of this Chapter shall not apply to the North Carolina Low-Level Radioactive Waste Management Authority in administering the provisions of G.S. 104G-10 and G.S. 104G-11.  Articles 3 and 3A of this Chapter shall not apply to the North Carolina Low-Level Radioactive Waste Management Authority in administering the provisions of G.S. 104G-9, 104G-10, and 104G-11."
Sec. 2.  G.S. 150B-59(c)(2) is amended by deleting "1989" where those figures appear and substituting in lieu thereof "1990".
Sec. 3.  This act shall become effective October 1, 1989.
In the General Assembly read three times and ratified this the 30th day of June, 1989.