An agency may not adopt a rule that does one or more of the following:
(1) Implements or interprets a law unless that law or another law specifically authorizes the agency to do so.
(2) Enlarges the scope of a profession, occupation, or field of endeavor for which an occupational license is required.
(3) Imposes criminal liability or a civil penalty for an act or omission, including the violation of a rule, unless a law specifically authorizes the agency to do so or a law declares that violation of the rule is a criminal offense or is grounds for a civil penalty.
(4) Repeats the content of a law, a rule, or a federal regulation. A brief statement that informs the public of a requirement imposed by law does not violate this subdivision and satisfies the "reasonably necessary" standard of review set in G.S. 150B-21.9(a)(3).
(5) Establishes a fee or other charge for providing a service in fulfillment of a duty unless a law specifically authorizes the agency to do so or the fee or other charge is for one of the following:
a. A service to a State, federal, or local governmental unit.
b. A copy of part or all of a State publication or other document, the cost of mailing a document, or both.
c. A transcript of a public hearing.
d. A conference, workshop, or course.
e. Data processing services.
(6) Allows the agency to waive or modify a requirement set in a rule unless a rule establishes specific guidelines the agency must follow in determining whether to waive or modify the requirement.
(7) Repealed by Session Laws 2011-398, s. 61.2, effective July 25, 2011. (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1991, c. 418, s. 1; 1996, 2nd Ex. Sess., c. 18, s. 7.10(a); 2011-13, s. 1; 2011-398, s. 61.2.)
Notes of Decisions
Hall v. Toreros, II, Inc., 626 S.E.2d 861 (N.C. Ct. App. 2006).
· cites it 9× “Finally, N.C.G.S. § 150B-19(3) (2003) provides that an agency is prohibited from adopting a rule or regulation which “[i]mposes criminal liability or a civil penalty for an act or omission, including the violation of a rule, unless a law specifically authorizes the agency to do…”
Griffith v. North Carolina Dep't of Corr., 709 S.E.2d 412 (N.C. Ct. App. 2011).
· cites it 14× “Section 150B-19, titled “Restrictions on what can be adopted as a rule,” found under Article 2A of the APA, provides: “An agency may not adopt a rule that does one or more of the following: .”
Cnty. of Wake v. North Carolina Dep't of Env't & Nat. Resources, 573 S.E.2d 572 (N.C. Ct. App. 2002).
· cites it 4× “North Carolina has embraced this principle in N.C. Gen.Stat. § 150B-19 (2001), which reads in pertinent part: An agency may not adopt a rule that does one or more of the following: (1) Implements or interprets a law unless that law or another law specifically authorizes the…”
Arrowood v. N.C. Dep't of Health & Human Servs., 535 S.E.2d 585 (N.C. Ct. App. 2000).
· cites it 20× “There was, therefore, no need for state regulation, and any such regulation would have been repetitive in violation of G.S. 150B-19. The respondent then concluded that petitioner’s benefits were properly terminated effective 31 July 1998.”
Mosteller v. Duke Energy Corp., 698 S.E.2d 424 (N.C. Ct. App. 2010).
· cites it 4× “See N.C. Gen. Stat. § 150B-19(3). Given that the purposes of these regulations satisfy the enumerated requirements of Hutchens, 63 N.”
— N.C. Gen. Stat. § 150B-19(1) — 1 case
— N.C. Gen. Stat. § 150B-19(2) — 3 cases
— N.C. Gen. Stat. § 150B-19(3) — 2 cases
Hall v. Toreros, II, Inc., 626 S.E.2d 861 (N.C. Ct. App. 2006).
“Finally, N.C.G.S. § 150B-19(3) (2003) provides that an agency is prohibited from adopting a rule or regulation which “[i]mposes criminal liability or a civil penalty for an act or omission, including the violation of a rule, unless a law specifically authorizes the agency to do…”
Mosteller v. Duke Energy Corp., 698 S.E.2d 424 (N.C. Ct. App. 2010).
“See N.C. Gen. Stat. § 150B-19(3). Given that the purposes of these regulations satisfy the enumerated requirements of Hutchens, 63 N.”
— N.C. Gen. Stat. § 150B-19(3)(2005) — 1 case
Mosteller v. Duke Energy Corp., 698 S.E.2d 424 (N.C. Ct. App. 2010).
“See N.C. Gen. Stat. § 150B-19(3). Given that the purposes of these regulations satisfy the enumerated requirements of Hutchens, 63 N.”
— N.C. Gen. Stat. § 150B-19(4) — 1 case
Arrowood v. N.C. Dep't of Health & Human Servs., 535 S.E.2d 585 (N.C. Ct. App. 2000).
“There was, therefore, no need for state regulation, and any such regulation would have been repetitive in violation of G.S. 150B-19. The respondent then concluded that petitioner’s benefits were properly terminated effective 31 July 1998.”
— N.C. Gen. Stat. § 150B-19(5) — 1 case
Griffith v. North Carolina Dep't of Corr., 709 S.E.2d 412 (N.C. Ct. App. 2011).
“Section 150B-19, titled “Restrictions on what can be adopted as a rule,” found under Article 2A of the APA, provides: “An agency may not adopt a rule that does one or more of the following: .”
— N.C. Gen. Stat. § 150B-19(5)(2009) — 1 case
Griffith v. North Carolina Dep't of Corr., 709 S.E.2d 412 (N.C. Ct. App. 2011).
“Section 150B-19, titled “Restrictions on what can be adopted as a rule,” found under Article 2A of the APA, provides: “An agency may not adopt a rule that does one or more of the following: .”
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