GENERAL ASSEMBLY OF NORTH CAROLINA
1989 SESSION

CHAPTER 5
SENATE BILL 82

AN ACT CONCERNING THE REVIEW OF ADMINISTRATIVE RULES MANDATED BY THE GENERAL ASSEMBLY.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 150B-12(h) is rewritten to read:
"(h)	No rule-making hearing is required to repeal a rule if the repeal of the rule is specifically provided for by the Constitution of the United States, the Constitution of North Carolina, any federal or North Carolina statute, any federal regulation, or a court order. No rule-making hearing is required to adopt, amend or repeal a rule to comply with G.S. 143B-30.2 in accordance with G.S. 150B-59(c)."
Sec. 2.  G.S. 150B-59(c) is rewritten to read:
"(c)	Rules adopted by an agency subject to the provisions of Article 2 of this Chapter in effect on January 1, 1986, that conflict with or violate the provisions of G.S. 150B-9(c) are repealed. Rules adopted by an agency subject to the provisions of Article 2 of this Chapter in effect on September 1, 1986, whether or not amended on or after that date, that do not conflict with or violate the provisions of G.S. 150B-9(c) shall remain in effect until July 15, 1988. These rules are repealed effective July 16, 1988, unless the Administrative Rules Review Commission determines that a rule complies with G.S. 143B-30.2(a). Provided, however, that:
(1)	The rules of the Office of State Personnel and the occupational licensing boards shall remain in effect until February 28, 1989, but are repealed effective March 1, 1989, unless approved by the Administrative Rules Review Commission.
(2)	The rules of the Department of Human Resources shall remain in effect until June 30, 1989, but are repealed effective July 1, 1989, unless approved by the Administrative Rules Review Commission.
(3)	Although the Department of Cultural Resources, the Office of the Governor, and the Council of State did not file the reports required under Chapter 746, Session Laws of 1985, nevertheless the rules of these three agencies shall remain in effect until February 28, 1989, but are repealed effective March 1, 1989, unless approved by the Administrative Rules Review Commission.
Review of these rules shall be carried out in the manner prescribed in G.S. 143B-30.2 except that a rule determined to be in compliance shall remain in effect. In the event of rules which the Commission determines do not comply with G.S. 143B-30.2, such rules may be revised or repealed by the agency without a rule-making hearing in accordance with G.S. 150B-12(h). Revised rules shall be returned to the Commission. If the Commission approves the rules, the Commission shall notify the agency and file the rules with the Office of Administrative Hearings. Rules adopted on or after January 1, 1986, shall become effective as provided in this Chapter."
Sec. 3.  This act is effective upon ratification and applies retroactively to January 1, 1986.
In the General Assembly read three times and ratified this the 1st day of March, 1989.