NC General Statutes

N.C. Gen. Stat. § 143B-3 (2026)

Definitions

✓ current as of July 2026

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As used in the Executive Organization Act of 1973, except where the context clearly requires otherwise, the words and expressions defined in this section shall be held to have the meanings here given to them.

(1) Agency: whenever the term "agency" is used it shall mean and include, as the context may require, an existing department, institution, commission, committee, board, division, bureau, officer or official.

(2) Board: a collective body which assists the head of a principal department or his designee in the development of major programs including the tender of advice on departmental priorities.

(3) Commission: a collective body which adopts rules and regulations in a quasi-legislative manner and which acts in a quasi-judicial capacity in rendering findings or decisions involving differing interests.

(4) Committee: a collective body which either advises the head of a principal department or his designee or advises a commission in detailed technical areas.

(5) Council: a collective body which advises the head of a principal department or his designee as representative of citizen advice in specific areas of interests.

(6) Division: the principal subunit of a principal State department.

(7) Head of department: head of one of the principal State departments.

(8) Higher education: State senior institutions of higher learning.

(9) Principal State department: one of the departments created by the General Assembly in compliance with Article III, Sec. 11, of the Constitution of North Carolina. (1973, c. 476, s. 3.)

Notes of Decisions

Cited in 3 cases, 1996–2000 · leading case: North Carolina Dep't of Transp. v. Hodge, 478 S.E.2d 30 (N.C. Ct. App. 1996).

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North Carolina Dep't of Transp. v. Hodge, 478 S.E.2d 30 (N.C. Ct. App. 1996). · cites it 4× “” G.S. § 143B-3 (1993). Contrary to the DOT’s assertions, the record does not show that, as Chief Internal Auditor, Hodge headed a division within the DOT.”

Carrington v. Brown, 525 S.E.2d 230 (N.C. Ct. App. 2000). · cites it 2× “” N.C. Gen. Stat. § 143B-3 (1990). Chapter 143A, entitled “State Government Reorganization” indicates that department heads, except for those elected officials who are department heads and are also constitutional officers, are Cabinet members appointed by the governor: Any…”

Powell v. North Carolina Dep't of Transp., 478 S.E.2d 28 (N.C. Ct. App. 1996). · cites it 6× “Stat. section 143B-6. The term “division” is not defined in the State Personnel Act.”

— N.C. Gen. Stat. § 143B-3(6) — 1 case

Powell v. North Carolina Dep't of Transp., 478 S.E.2d 28 (N.C. Ct. App. 1996). “Stat. section 143B-6. The term “division” is not defined in the State Personnel Act.”

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