(a) Except as provided in subsection (c) of this section, the Secretary shall administer and enforce the provisions of this Chapter and the rules of the Commission. A local health director shall administer the programs of the local health department and enforce the rules of the local board of health.
(b) When requested by the Secretary, a local health department shall enforce the rules of the Commission under the supervision of the Department. The local health department shall utilize local staff authorized by the Department to enforce the specific rules.
(c) The Secretary of Environmental Quality shall administer and enforce the provisions of Articles 9 and 10 of this Chapter and the rules of the Commission and the Environmental Management Commission adopted thereunder.
(d) When requested by the Secretary of Environmental Quality, a local health department shall enforce the rules of the Commission and the rules adopted by the Environmental Management Commission pursuant to G.S. 87-87 under the supervision of the Department of Environmental Quality. The local health department shall utilize local staff authorized by the Department of Environmental Quality to enforce the specific rules. (1983, c. 891, s. 2; 1995, c. 123, s. 2; 1997-443, s. 11A.56; 2001-474, s. 18; 2006-202, s. 5; 2006-255, s. 13.1; 2011-145, s. 13.3(pp); 2015-241, s. 14.30(u), (v); 2020-74, s. 12(a).)
Notes of Decisions
Just. for Animals, Inc. v. Lenoir Cnty. SPCA, Inc., 607 S.E.2d 317 (N.C. Ct. App. 2005).
· cites it 16× “N.C. Gen.Stat. § 130A-4(a) (2003) provides: (a) Except as provided in subsection (c) of this section, the Secretary shall administer and enforce the provisions of this Chapter and the rules of the Commission.”
EEE-ZZZ Lay Drain Co. v. North Carolina Dep't of Human Resources, 422 S.E.2d 338 (N.C. Ct. App. 1992).
· cites it 3× “§ 130A-41, and more generally in N.C.G.S. § 130A-4(a). Furthermore, the statutory provisions invest Pierce, in his position as local health director, with certain discretionary powers, such that he must use personal deliberation and judgment.”
Gray v. North Carolina Dep't of Env't, Health & Nat. Resources, 560 S.E.2d 394 (N.C. Ct. App. 2002).
· cites it 2× “As the parent agency for county health departments in the state, DENR regulated the administration of OCDH, pursuant to N.C. Gen. Stat. § 130A-4(b) (1999). In May 1996, DENR sent Regional Soil Specialist, John Williams, to Onslow County to conduct a quality assurance review.”
Houck & Sons, Inc. v. Transylvania Cnty., 852 F. Supp. 442 (W.D.N.C. 1993).
· cites it 3× “” N.C.Gen.Stat. § 130A-4. This statute falls short of establishing that a local health director acts as an agent of the state.”
Cates v. North Carolina Dep't of Just., 487 S.E.2d 723 (N.C. 1997).
“8 provides, in pertinent part: Any local health department sanitarian enforcing rules of the Commission for Health Services under the supervision of the Department of Environment, Health and Natural Resources pursuant to G.S. 130A-4(b) shall be defended by the Attorney General,…”
Cates v. North Carolina Dep't of Just., 465 S.E.2d 64 (N.C. Ct. App. 1996).
“This statute provides that: Any local health department sanitarian enforcing rules of the Commission for Health Services under the supervision of the Department of Environment, Health, and Natural Resources pursuant to G.S. 130A-4(b) shall be defended by the Attorney General,…”
— N.C. Gen. Stat. § 130A-4(a) — 2 cases
Just. for Animals, Inc. v. Lenoir Cnty. SPCA, Inc., 607 S.E.2d 317 (N.C. Ct. App. 2005).
“N.C. Gen.Stat. § 130A-4(a) (2003) provides: (a) Except as provided in subsection (c) of this section, the Secretary shall administer and enforce the provisions of this Chapter and the rules of the Commission.”
EEE-ZZZ Lay Drain Co. v. North Carolina Dep't of Human Resources, 422 S.E.2d 338 (N.C. Ct. App. 1992).
“§ 130A-41, and more generally in N.C.G.S. § 130A-4(a). Furthermore, the statutory provisions invest Pierce, in his position as local health director, with certain discretionary powers, such that he must use personal deliberation and judgment.”
— N.C. Gen. Stat. § 130A-4(b) — 4 cases
Gray v. North Carolina Dep't of Env't, Health & Nat. Resources, 560 S.E.2d 394 (N.C. Ct. App. 2002).
“As the parent agency for county health departments in the state, DENR regulated the administration of OCDH, pursuant to N.C. Gen. Stat. § 130A-4(b) (1999). In May 1996, DENR sent Regional Soil Specialist, John Williams, to Onslow County to conduct a quality assurance review.”
Houck & Sons, Inc. v. Transylvania Cnty., 852 F. Supp. 442 (W.D.N.C. 1993).
“” N.C.Gen.Stat. § 130A-4. This statute falls short of establishing that a local health director acts as an agent of the state.”
Cates v. North Carolina Dep't of Just., 487 S.E.2d 723 (N.C. 1997).
“8 provides, in pertinent part: Any local health department sanitarian enforcing rules of the Commission for Health Services under the supervision of the Department of Environment, Health and Natural Resources pursuant to G.S. 130A-4(b) shall be defended by the Attorney General,…”
Cates v. North Carolina Dep't of Just., 465 S.E.2d 64 (N.C. Ct. App. 1996).
“This statute provides that: Any local health department sanitarian enforcing rules of the Commission for Health Services under the supervision of the Department of Environment, Health, and Natural Resources pursuant to G.S. 130A-4(b) shall be defended by the Attorney General,…”
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