§ 150B-2. Definitions. - North Carolina Statutes

§ 150B‑2.  Definitions.

As used in this Chapter,

(1)        "Administrativelaw judge" means a person appointed under G.S. 7A‑752, 7A‑753,or 7A‑757.

(1a)      "Agency"means an agency or an officer in the executive branch of the government of thisState and includes the Council of State, the Governor's Office, a board, acommission, a department, a division, a council, and any other unit ofgovernment in the executive branch. A local unit of government is not anagency.

(1b)      "Adopt"means to take final action to create, amend, or repeal a rule.

(1c)      "Codifier ofRules" means the Chief Administrative Law Judge of the Office ofAdministrative Hearings or a designated representative of the ChiefAdministrative Law Judge.

(1d)      "Commission"means the Rules Review Commission.

(2)        "Contestedcase" means an administrative proceeding pursuant to this Chapter toresolve a dispute between an agency and another person that involves theperson's rights, duties, or privileges, including licensing or the levy of amonetary penalty. "Contested case" does not include rulemaking,declaratory rulings, or the award or denial of a scholarship, a grant, or aloan.

(2a)      Repealed by SessionLaws 1991, c. 418, s. 3.

(2b)      "Hearingofficer" means a person or group of persons designated by an agency thatis subject to Article 3A of this Chapter to preside in a contested case hearingconducted under that Article.

(3)        "License"means any certificate, permit or other evidence, by whatever name called, of aright or privilege to engage in any activity, except licenses issued underChapter 20 and Subchapter I of Chapter 105 of the General Statutes andoccupational licenses.

(4)        "Licensing"means any administrative action issuing, failing to issue, suspending, orrevoking a license or occupational license. "Licensing" does notinclude controversies over whether an examination was fair or whether theapplicant passed the examination.

(4a)      "Occupationallicense" means any certificate, permit, or other evidence, by whatevername called, of a right or privilege to engage in a profession, occupation, orfield of endeavor that is issued by an occupational licensing agency.

(4b)      "Occupationallicensing agency" means any board, commission, committee or other agencyof the State of North Carolina which is established for the primary purpose ofregulating the entry of persons into, and/or the conduct of persons within aparticular profession, occupation or field of endeavor, and which is authorizedto issue and revoke licenses. "Occupational licensing agency" doesnot include State agencies or departments which may as only a part of theirregular function issue permits or licenses.

(5)        "Party"means any person or agency named or admitted as a party or properly seeking asof right to be admitted as a party and includes the agency as appropriate. Thissubdivision does not permit an agency that makes a final decision, or anofficer or employee of the agency, to petition for initial judicial review ofthat decision.

(6)        "Personaggrieved" means any person or group of persons of common interestdirectly or indirectly affected substantially in his or its person, property,or employment by an administrative decision.

(7)        "Person"means any natural person, partnership, corporation, body politic and anyunincorporated association, organization, or society which may sue or be suedunder a common name.

(8)        "Residence"means domicile or principal place of business.

(8a)      "Rule"means any agency regulation, standard, or statement of general applicabilitythat implements or interprets an enactment of the General Assembly or Congressor a regulation adopted by a federal agency or that describes the procedure orpractice requirements of an agency. The term includes the establishment of afee and the amendment or repeal of a prior rule. The term does not include thefollowing:

a.         Statementsconcerning only the internal management of an agency or group of agencieswithin the same principal office or department enumerated in G.S. 143A‑11or 143B‑6, including policies and procedures manuals, if the statementdoes not directly or substantially affect the procedural or substantive rightsor duties of a person not employed by the agency or group of agencies.

b.         Budgets and budgetpolicies and procedures issued by the Director of the Budget, by the head of adepartment, as defined by G.S. 143A‑2 or G.S. 143B‑3, by anoccupational licensing board, as defined by G.S. 93B‑1, or by the StateBoard of Elections.

c.         Nonbindinginterpretative statements within the delegated authority of an agency thatmerely define, interpret, or explain the meaning of a statute or rule.

d.         A form, the contentsor substantive requirements of which are prescribed by rule or statute.

e.         Statements of agencypolicy made in the context of another proceeding, including:

1.         Declaratory rulingsunder G.S. 150B‑4.

2.         Orders establishingor fixing rates or tariffs.

f.          Requirements,communicated to the public by the use of signs or symbols, concerning the useof public roads, bridges, ferries, buildings, or facilities.

g.         Statements that setforth criteria or guidelines to be used by the staff of an agency in performingaudits, investigations, or inspections; in settling financial disputes ornegotiating financial arrangements; or in the defense, prosecution, orsettlement of cases.

h.         Scientific,architectural, or engineering standards, forms, or procedures, including designcriteria and construction standards used to construct or maintain highways,bridges, or ferries.

i.          Job classificationstandards, job qualifications, and salaries established for positions under thejurisdiction of the State Personnel Commission.

j.          Establishment ofthe interest rate that applies to tax assessments under G.S. 105‑241.21and the variable component of the excise tax on motor fuel under G.S. 105‑449.80.

k.         The State MedicalFacilities Plan, if the Plan has been prepared with public notice and hearingas provided in G.S. 131E‑176(25), reviewed by the Commission forcompliance with G.S. 131E‑176(25), and approved by the Governor.

(8b)      "Substantialevidence" means relevant evidence a reasonable mind might accept asadequate to support a conclusion.

(9)        Repealed by SessionLaws 1991, c. 418, s. 3. (1973, c. 1331, s. 1; 1975, 2nd Sess., c. 983, ss. 61,62; 1977, c. 915, s. 5; 1983, c. 641, s. 1; 1985, c. 746, s. 1; 1985 (Reg.Sess., 1986), c. 1022, s. 1(2)‑1(5); 1987, c. 878, ss. 1, 2, 21; 1987(Reg. Sess., 1988), c. 1111, s. 17; 1991, c. 418, s. 3; c. 477, ss. 3.1, 3.2,9; 1995, c. 390, s. 29; 1996, 2nd Ex. Sess., c. 18, s. 7.10(g); 1997‑456,s. 27; 2003‑229, s. 12; 2007‑491, s. 44(1)b.)