§ 120-149.4. Procedure and criteria to be used in preparation of assessment reports. - North Carolina Statutes

§120‑149.4.  Procedure and criteria to be used in preparation ofassessment reports.

(a)        The LegislativeCommittee on New Licensing Boards shall conduct an evaluation of the need foreach new licensing board.

If a legislator or otherperson or organization is seeking to establish a new licensing board, thatlegislator or other person or organization shall have the burden ofdemonstrating to the Committee that the criteria listed in G.S. 120‑149.1are met, and furnish the Committee additional information to show:

(1)        That the unregulatedpractice of the occupation or profession may be hazardous to the public health,safety, or welfare;

(2)        The approximatenumber of people who would be regulated and the number of persons who arelikely to utilize the services of the occupation or profession;

(3)        That theoccupational or professional group has an established code of ethics, avoluntary certification program, or other measures to ensure a minimum qualityof service;

(4)        That other stateshave regulatory provisions similar to the one proposed;

(5)        How the public willbenefit from regulation of the occupation or profession;

(6)        How the occupationor profession will be regulated, including the qualifications and disciplinaryproceedings to be applied to practitioners;

(7)        The purpose of theproposed regulation and whether there has been any public support for licensureof the profession or occupation;

(8)        That no otherlicensing board regulates similar or parallel activities;

(9)        That the educationalrequirements for licensure, if any, are fully justified; and

(10)      Any other informationthe Committee considers relevant to the proposed regulatory plan.  TheCommittee shall adopt an appropriate form for use by applicants.  The formshall contain a list of questions to be completed by the person or organizationrequesting the assessment report and a copy of this Article.

(b)        In preparing anassessment report with respect to a legislative proposal to establish a newlicensing board, the Committee shall consider, but shall not be limited toconsidering, the factors listed in subsection (a).  The report shall analyzethe effects of the new licensing board and shall include the Committee'srecommendation on whether the General Assembly should approve the new licensingboard.  The Committee shall make specific findings in its report on each of thefollowing:

(1)        Whether theunregulated practice of the profession or occupation can substantially harm orendanger the public health, safety, or welfare, and whether the potential for suchharm is recognizable and not remote or dependent upon tenuous argument;

(2)        Whether theprofession or occupation possesses qualities that distinguish it from ordinarylabor;

(3)        Whether practice ofthe profession or occupation requires specialized skill or training;

(4)        Whether asubstantial majority of the public has the knowledge or experience to evaluatethe practitioner's competence;

(5)        Whether the publiccan be effectively protected by other means; and

(6)        Whether licensurewould have a substantial adverse economic impact upon consumers of thepractitioner's goods or services.

(c)        The Committee mayalso evaluate the legislative proposal itself in terms of its clarity,conciseness, conformity with existing statutes and general principles ofadministrative law, and specificity of the delegation of authority topromulgate rules and set fees.

(d)        The Committee shallfurnish a copy of the preliminary assessment report to the requestinglegislator or sponsor at least seven days prior to the Committee's finalmeeting on the proposal, unless the sponsor or requesting legislator waivesthis requirement.  The requesting legislator or sponsor shall have anopportunity at the final meeting to respond to the preliminary report.

(e)        The Committee shalladopt a final assessment report on the proposal at the final meeting and shallissue the report within 14 days of the issuance of the preliminary report;provided that if the Committee wishes to further review or consider thesponsor's or requesting legislator's responses to the preliminary assessmentreport, the final report shall be issued within 21 days of the issuance of thepreliminary report. If the Committee recommends against licensure, it maysuggest alternative measures for regulation of the occupation or profession. (1987,c. 180, s. 1.)