§ 143A-6. Types of transfers. - North Carolina Statutes

§143A‑6.  Types of transfers.

(a)        Under this Chapter,a Type I transfer means the transferring of all or part of an existing agencyto a principal department established by this Chapter. When all or part of anyagency is transferred to a principal department under a Type I transfer, itsstatutory authority, powers, duties, and functions, records, personnel,property, unexpended balances of appropriations, allocations or other funds,including the functions of budgeting and purchasing, are transferred to theprincipal department.

When any agency, or partthereof, is transferred by a Type I transfer to a principal department underthe provisions of this Chapter, all its prescribed powers, duties, andfunctions, including but not limited to rule making, regulation, licensing, andpromulgation of rules, rates, regulations, and standards, and the rendering offindings, orders, and adjudications are transferred to the head of theprincipal department into which the agency, or part thereof, has beentransferred.

(b)        Under this Chapter,a Type II transfer means the transferring intact of an existing agency, or partthereof, to a principal department established by this Chapter. When anyagency, or part thereof, is transferred to a principal department under a TypeII transfer, that agency, or part thereof, shall be administered under thedirection and supervision of that principal department, but shall exercise allits prescribed statutory powers independently of the head of the principaldepartment, except that under a Type II transfer the  management functions ofany transferred agency, or part thereof, shall be performed under the directionand supervision of the head of the principal department.

(c)        Whenever the term"management functions" is used it shall mean  planning, organizing,staffing, directing, coordinating, reporting and budgeting. (1971,c. 864, s. 1.)