3/15/2021
The Daily Bulletin: 2021-03-15 | Legislative Reporting Service
UNC
SCHOOL OF GOVERNMENT
The Daily Bulletin: 2021-03-15
PUBLIC/HOUSE BILLS
H 295 (2021-2022) DSS REVIEW OF PROCEDURES OAH. Filed Mar 11 202 I . AN ACT TO REQUIRE THE SOCIAL SERVICES
COMMISSION OF THE DIVISION OF SOCIAL SERVICES TO REVIEW POLICIES, GUIDELINES, AND OTHER INTERPRETIVE
STATEMENTS AND SUBMIT A REPORTTO THE OFFICE OF ADMINISTRATIVE HEARINGS AND TO UPDATE THE PROCESS
FOR LEGISLA TIVE REVIEW OF RULES.
Sections 1 - 4
Requires the North Carolina Division of Social Services (Division), by and through the Social Services Commission
(Commission), to prepare and submit for review to the Office of Administrative Hearings (OAH) a comprehensive report of all
of its policies, guidelines, and other interpretive statements by May 31, 2022. Specifies that the report must include such
policies, guidelines, or other interpretive statements that the Division or any of its subdivisions has sought to implement or
enforce that may directly or substantially affect the procedural or substantive rights or duties of persons not employed by the
Division or any of its subdivisions. Requires the report to include an explanation for any policies, guidelines, and other
interpretive statements not adopted as a rule the Commission believes are not in violation of statutory rule-making
requirements. Excludes any emergency, temporary, or permanent rule adopted by the Division in accordance with statutory
rule-making requirements.
Requires the Commission and OAH to jointly review the report to identify any policies, guidelines, or other interpretive
statements in violation of the statutory rule-making requirements. Requires that if there is disagreement between the
Commission and the OAH during the joint review, then OAH must refer the policy, guideline, or interpretive statement in
disagreement to the Rules Review Commission (RRC) for a determination. Allows the Commission to file an action for
declaratory judgement if the Commission disagrees with the determination of the Rules Review Commission upon referral.
Deems any existing policies, guidelines, and interpretive statements identified through joint review or determined by the RRC
as being in violation of statutory rulemaking requirements to be interim rules so long as they do not conflict with any
provisions of the General Statutes. Such interim rules become null and void July 1. 2023, i
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the Commission has failed to adopt
the interim rale as a permanent rale by that date in accordance with statutory rulemaking requirements. Provides for a
reviewing court to extend the interim rale period pending review of a declaratory judgement action filed by the Commission.
Deems any policy, guideline, or other interpretive statement issued by the Division after the date the act becomes law void one
year after issuance, with authority granted to the DHHS Secretary to re-issue the policy, guideline, or other interpretive
statement for an additional one-year period.
Amends GS 93B-8. 1 to expand the defined term applicant to include a person who makes application for licensure from a State
agency licensing board.
Sections 5 and 6
Amends GS 150B-21.3 regarding the effective dates of permanent rales as follows. Amends subsection (b) to reference new
GS 1 50B-21 .3B(b) which establishes procedures for legislative review of rales; deletes subsection (bl) which provided for
delayed effective dates of rales; deletes subsection (b2) which established the process by which a person may object to a rule;
deletes subsection (c) which authorized the Governor to make a rale effective by executive order; deletes subsection (d) which
defined a legislative day and legislative day of adjournment; and amends subsection (f) to include approval of a rale for which
no notice or hearing is required by the Codifier of Rules, if applicable, for certain permanent rales.
Enacts GS 1 50B-23. 1
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establishing procedures for legislative review of rales as follows. Defines legislative day. Establishes
procedures for filing objections to the adoption of permanent rules. Permits any person to object to adoption of a permanent
rule by filing written comments with the agency and. if the objection is not resolved, by filing written objections to the RRC
clearly requesting review by the NCGA in accordance with instructions posted on the Commission's website. Provides for the
rule to become effective under the delayed effective date requirements of subsection (e) if the Commission receives written
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