North Carolina 2019-2020 Session Status: To Executive 3 R cosponsors

HB 612 — DSS Review of Procedures/Criminal History/OAH.

Last action — Withdrawn From Cal

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2019-2020 Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

47 added · 166 removed

Plain-language change summary

The amendments to House Bill 612 include the addition of a phrase that specifies the use of "publications, policies, and procedures" by the Division must meet certain rules defined in the state's General Statutes. These changes clarify the requirements for interim rules authorized by the bill, including deadlines for their adoption as permanent rules. This matters because it ensures that any interim regulations are clearly defined and must be made permanent within specific timelines, promoting accountability and regulatory clarity for both the state and its citizens.

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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 2 HOUSE BILL 612 Senate Health Care Committee Substitute Adopted 6/3/20 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2019 H 1 HOUSE BILL 612 Short Title:
DSS Review of Procedures/Criminal History/OAH.
DSS Review of Procedures/Rule Making.
Representatives Stevens, Riddell, and White (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
April 8, 2019 A BILL TO BE ENTITLED 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 REPORT TO THE OFFICE OF ADMINISTRATIVE HEARINGS;
Health, if favorable, Rules, Calendar, and Operations of the House April 8, 2019 A BILL TO BE ENTITLED AN ACT TO REQUIRE THE SOCIAL SERVICES COMMISSION OF THE DIVISION OF SOCIAL SERVICES TO REVIEW EXISTING PUBLICATIONS, POLICIES, AND PROCEDURES;
CLARIFY THE AUTHORITY OF BOARDS TO REQUIRE CRIMINAL HISTORY RECORDS;
SUBMIT A REPORT WITH ITS FINDINGS TO THE OFFICE OF ADMINISTRATIVE HEARINGS;
AND PROHIBIT AGENCIES FROM IMPLEMENTING OR ENFORCING POLICIES, GUIDELINES, OR OTHER INTERPRETIVE STATEMENTS THAT SHOULD BE ADOPTED AS RULES UNDER THE ADMINISTRATIVE PROCEDURE ACT.
AND SUBMIT FOR ADOPTION UNDER THE RULE-MAKING PROCESS THOSE PUBLICATIONS, POLICIES, AND PROCEDURES IDENTIFIED AS SATISFYING THE DEFINITION OF A RULE UNDER G.S.
150B-2(8A).
No later than May 31, 2021, the North Carolina Division of Social Services (Division), by and through the Division's Social Services Commission (Commission), shall prepare and submit for review to the Office of Administrative Hearings (OAH) a comprehensive report of all its policies, guidelines, and other interpretive statements.
No later than May 31, 2020, The North Carolina Division of Social Services (Division), by and through the Division's Social Services Commission (Commission), shall prepare and submit for review to the Office of Administrative Hearings (OAH) a comprehensive report of its existing publications, policies, and procedures.
This includes all policies, guidelines, and 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.
This includes all publications, policies,and procedures usedbythe Division, oranyofits subdivisions,whichmay directly or substantially affect the procedural or substantive rights or duties of persons not employed by the Division.
The report shall include an explanation for any policies, guidelines, and other interpretive statements not adopted as a rule the Commission believes are not in violation of G.S.
The review shall identify any publications, policies, and procedures used by the Division that satisfythe definition of a rule under G.S.
150B-18.
150B-2(8A) and shall provide an explanation by the Commission for any publications, policies, and procedures it believes do not satisfy the definition of a rule and are not subject to the rule-making provisions of Chapter 150B of the General Statutes.
The report shall not include any emergency, temporary, or permanent rules adopted by the Division in accordance with Article 2A of Chapter 150B of the General Statutes.
This review does not include any existing emergency, temporary, or permanent rules, by the Division or its subdivisions, published in the North Carolina Administrative Code.
Upon submission of its report to the OAH, the Commission shall jointly review the report with the OAH to identify any policies, guidelines, and other interpretive statements that are in violation of G.S.
Upon submission of its report to the OAH, the Commission shall jointly review the findings of its report with the OAH to identify any publications, policies, and procedures which are rules and subject to the rule-making provisions of Chapter 150B of the General Statutes.
150B-18.
If there is disagreement between the Commission and the OAH during the joint review of any publication, policy, or procedure identified in the report as not satisfying the definitionofarule,thentheOAHshallreferthepublication,policy,orprocedureindisagreement to the Rules Review Commission (RRC) for a determination.
If there is disagreement between the Commission and the OAH regarding any policies, guidelines, or other interpretive statements identified in the report as being in violation of G.S.
Upon referral from the OAH, the RRCshallreviewthepublication,policy,orprocedureindisagreementand makeadetermination as to whether or not it satisfies the definition of a rule under G.S.
150B-18, then the OAH shall refer the policy, guideline, or other interpretive statement in disagreement to the Rules Review Commission (RRC).
150B-2(8A).
Upon referral from the OAH, the RRC shall review the policy, guideline, or other interpretive statement in disagreement, and make a determination as to whether it is in violation of G.S.
150B-18.
If the Commission disagrees with a determination by the RRC as to whether any policy, guideline, or other interpretive statement is in violation of G.S.
150B-18, the Commission may file an action for declaratory judgment in Wake County Superior Court pursuant to Article 26 of Chapter 1 of the General Statutes.
To ensure that administration of the Division shall continue without interruption, any policies, guidelines, or other interpretive statements identified through joint review by the Commission and the OAH, or determined by the RRC in Section 2 as being in *H612-v-2* General Assembly Of North Carolina Session 2019 violation of G.S.
To ensure that administration of the Division shall continue without interruption, any existing publications, policies, and procedures identified through joint review by the Commission and the OAH or determined by the RRC in Section 2 as satisfying the definition of a rule under G.S.
150B-18, shall be deemed interim rules so long as they do not conflict with any provisions of the General Statutes.
150B-2(8A) shall be deemed interim rules so long as they do not *H612-v-1* General Assembly Of North Carolina Session 2019 conflict with any provisions of the General Statutes.
Anyinterim rule authorized by this section shall become void July 1, 2022, if the Commission has failed to adopt that interim rule as a permanent rule by that date in accordance with Article 2A of Chapter 150B of the General Statutes.
Any interim rule authorized by this section shall become null and void January 1, 2021, if the Commission has failed to publish a notice of text in the North Carolina Register to adopt the interim rule as a permanent rule, as required by G.S.
A reviewing court may extend the interim rule period pending the outcome of its review, if the Commission has filed an action for declaratory judgment under Section 2.
150B-21.2.
Any policy, guideline, or other interpretive statement issued by the Division after this act becomes effective shall become void one year after it is issued;
Any interim rule authorized by this section shall become null and void July 1, 2021, if the Commission has failed to adopt that interim rule as a permanent rule by that date in accordance with Article 2A of Chapter 150B of the General Statutes.
however, prior to that deadline, the Secretary of Health and Human Services mayreissuethe policy, guideline,orother interpretivestatement for anadditionalperiod of one year.
G.S.
93B-8.1(a)(1) reads as rewritten:
"(1) Applicant.
– A person who makes application for licensure from an occupational licensing board.board or a State agency licensing board." SECTION 5.
G.S.
93B-8.1 is amended by adding a new subsection to read:
"(c1) Nothing in this section or in G.S.
93B-1 shall be construed as authorizing an occupational licensing board or a State agency licensing board to require an applicant to consent to a criminal history record check or use of fingerprints or other identifying information required bythe State or National Repositories of Criminal Histories as a condition of granting or renewing a license." SECTION 6.
G.S.
150B-23(a) reads as rewritten:
"(a) A contested case shall be commenced by paying a fee in an amount established in G.S.
150B-23.2 and by filing a petition with the Office of Administrative Hearings and, except as provided in Article 3A of this Chapter, shall be conducted by that Office.
The party who files the petition shall serve a copy of the petition on all other parties and, if the dispute concerns a license, the person who holds the license.
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A party who files a petition shall file a certificate of service together with the petition.
A petition shall be signed by a party, an attorney representing a party, or other representative of the party as may specifically be authorized by law, and, if filed by a party other than an agency, shall state facts tending to establish that the agency named as the respondent has deprived the petitioner of property, has ordered the petitioner to pay a fine or civil penalty, has sought to implement or enforce against the petitioner a policy, guideline, or other interpretive statement in violation of G.S.
150B-18, or has otherwise substantially prejudiced the petitioner's rights and that the agency:
(1) Exceeded its authority or jurisdiction;
(2) Acted erroneously;
(3) Failed to use proper procedure;
(4) Acted arbitrarily or capriciously;
or (5) Failed to act as required by law or rule.
The parties in a contested case shall be given an opportunity for a hearing without undue delay.
Any person aggrieved may commence a contested case hereunder.
A local government employee, applicant for employment, or former employee to whom Chapter 126 of the General Statutes applies may commence a contested case under this Article in the same manner as any other petitioner.
The case shall be conducted in the same manner as other contested cases under this Article.
A business entity may represent itself using a nonattorney representative who is one or more of the following of the business entity:
(i) officer, (ii) manager or member-manager, if the business entity is a limited liability company, (iii) employee whose income is reported on IRS Form W-2, if the business entity authorizes the representation in writing, or (iv) owner of the business entity, if the business entity authorizes the representation in writing and if the owner's interest in the business entityis at least twenty-five percent (25%).
Authority for and prior notice of nonattorney representation shall be made in writing, under penalty of perjury, to the Office on a form provided by the Office." Page 2 House Bill 612-Second Edition General Assembly Of North Carolina Session 2019 SECTION 7.
G.S.
150B-33(b) reads as rewritten:
"(b) An administrative law judge may:
(1) Administer oaths and affirmations;
(2) Sign, issue, and rule on subpoenas in accordance with G.S.
150B-27 and G.S.
1A-1, Rule 45;
(3) Provide for the taking of testimony by deposition and rule on all objections to discovery in accordance with G.S.
1A-1, the Rules of Civil Procedure;
(3a) Rule on all prehearing motions that are authorized by G.S.
1A-1, the Rules of Civil Procedure;
(4) Regulate the course of the hearings, including discovery, set the time and place for continued hearings, and fix the time for filing of briefs and other documents;
(5) Direct the parties to appear and confer to consider simplification of the issues by consent of the parties;
(6) Staythe contested action bythe agencypendingthe outcome of the case, upon such terms as he the administrative law judge deems proper, and subject to the provisions of G.S.
1A-1, Rule 65;
(7) Determine whether the hearing shall be recorded by a stenographer or by an electronic device;
and (8) Enter an order returnable in the General Court of Justice, Superior Court Division, to show cause why the person should not be held in contempt.
The Court shall have the power to impose punishment as for contempt for any act which would constitute direct or indirect contempt if the act occurred in an action pending in Superior Court.
(9) Determine that a rule as applied in a particular case is void because (1) it is not within the statutory authority of the agency, (2) is not clear and unambiguous to persons it is intended to direct, guide, or assist, or (3) is not reasonably necessary to enable the agency to fulfill a duty delegated to it by the General Assembly.
(9a) Determine that a policy, guideline, or other interpretive statement that a State agency has sought to implement or enforce is unenforceable because it is in violation of G.S.
150B-18.
The administrative law judge mayorder the refund of any payments or receipts of any kind collected pursuant to a policy, guideline, or other interpretive statement determined to be unenforceable pursuant to this subdivision.
The administrative law judge may stay the determination of unenforceability in order to allow the agency to adopt the policy, guideline, or other interpretive statement as a rule.
(10) Impose the sanctions provided for in G.S.
1A-1 or Chapter 3 of Title 26 of the North Carolina Administrative Code for noncompliance with applicable procedural rules.
(11) Order the assessment of reasonable attorneys' fees and witnesses' fees against the State agency involved in contested cases decided under this Article where the administrative law judge finds that the State agency named as respondent has substantially prejudiced the petitioner's rights and has acted arbitrarily or capriciously or under Chapter 126 where the administrative law judge finds discrimination, harassment, or orders reinstatement or back pay.pay, or where the administrative law judge finds that the State agency has sought to implement or enforce a policy, guideline, or other interpretive statement that is in violation of G.S.
150B-18.
(12) Repealed by Session Laws 2011-398, s.
17.
For effective date and applicability, see editor's note." House Bill 612-Second Edition Page 3 General Assembly Of North Carolina Session 2019 SECTION 7A.(a) G.S.
150B-1(d)(9) reads as rewritten:
"(9) The Department of Health and Human Services in adopting new or amending existing medical coverage policies for the State Medicaid and NC Health Choice programs pursuant to G.S.
108A-54.2.rules relating to the administration or operation of the State Medicaid or NC Health Choice program." SECTION 7A.(b) G.S.
150B-1(d)(20) is repealed.
SECTION 7A.(c) G.S.
108A-54.1B is amended by adding a new subsection to read:
"(e) Except as provided in subsection (d) of this section and G.S.
108A-54.2, all of the following apply to rules adopted by the Department:
(1) At least 30 days prior to the adoption of a new or amended rule, the Department shall publish the proposed rule on the Department's Web site.
(2) Upon request, the Department shall provide persons copies of the proposed rule.
(3) During the 30-day period immediately following publication of the proposed new or amended rule, the Department shall accept oral and written comments on the proposed new or amended rule.
(4) If immediate adoption of the rule without notice is necessary in order to fully effectuate the purpose of the rule, then the 30-day notice period shall not be required." SECTION 8.
Page 4 House Bill 612-Second Edition
Page 2 House Bill 612-First Edition
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Action History

  1. Withdrawn From Cal

  2. Re-ref Com On Rules, Calendar, and Operations of the House

  3. Vetoed 07/02/2020

  4. Received from the Governor

  5. Cal Pursuant Rule 44.2

  6. Placed On Cal For 07/08/2020

  7. Ordered Enrolled

  8. Ratified

  9. Pres. To Gov. 6/26/2020

  10. Conf Rpt Withdrawn

  11. Conf Rpt Recon/withdrawn

  12. Conf Com #2 Reported

  13. Placed on Today's Calendar

  14. Conf Com Reported

  15. Added to Calendar

  16. Conf Report #2 Adopted

  17. Conf Report #2 Adopted

  18. Conf Com Reported

  19. Placed on Today's Calendar

  20. Conf Com Reported

  21. Cal Pursuant Rule 44(d)

  22. Placed On Cal For 06/25/2020

  23. Conf Report Adopted

  24. Conf Com Appointed

  25. Conf Com Appointed

  26. Withdrawn From Com

  27. Added to Calendar

  28. Failed Concur In S Com Sub

  29. Withdrawn From Cal

  30. Re-ref Com On Rules, Calendar, and Operations of the House

  31. Withdrawn From Com

  32. Cal Pursuant Rule 36(b)

  33. Placed On Cal For 06/17/2020

  34. Passed 2nd Reading

  35. Passed 3rd Reading

  36. Special Message Sent To House

  37. Special Message Received For Concurrence in S Com Sub

  38. Ref To Com On Rules, Calendar, and Operations of the House

  39. Reptd Fav

  40. Reptd Fav

  41. Re-ref Com On Rules and Operations of the Senate

  42. Reptd Fav Com Substitute

  43. Com Substitute Adopted

  44. Re-ref Com On Judiciary

  45. Sequential Referral To Rules and Operations of the Senate Stricken

  46. Sequential Referral To Judiciary Added

  47. Sequential Referral To Rules and Operations of the Senate Added

  48. Withdrawn From Com

  49. Re-ref to Health Care. If fav, re-ref to Rules and Operations of the Senate

  50. Regular Message Received From House

  51. Passed 1st Reading

  52. Ref To Com On Rules and Operations of the Senate

  53. Regular Message Sent To Senate

  54. Passed 2nd Reading

  55. Passed 3rd Reading

  56. Reptd Fav

  57. Cal Pursuant Rule 36(b)

  58. Placed On Cal For 05/02/2019

  59. Reptd Fav

  60. Re-ref Com On Rules, Calendar, and Operations of the House

  61. Passed 1st Reading

  62. Ref to the Com on Health, if favorable, Rules, Calendar, and Operations of the House

  63. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 1 co-sponsors · 176 not signed on · 37 voted No

Sponsors (2)

Co-sponsors (1)

Not signed on (176)

176 members have not signed on to this bill.

Show all 176 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

C RPT Adoption

Passed 60 Yea · 51 Nay · 9 Other
Party YeaNayPresentNot Voting
Republican 32102
Unaffiliated 282505
Democratic 02401
U 0101
Total 605109
% of votes cast 50%43%0%8%
How each member voted (120)
Member Party Vote
Boles — Yea
Bumgardner — Yea
Carter — Yea
Cleveland — Yea
Conrad — Yea
Dobson — Yea
Elmore — Yea
Faircloth — Yea
Fraley — Yea
Grange — Yea
Hardister — Yea
Horn — Yea
Hurley — Yea
P. Jones — Yea
Lewis — Yea
McElraft — Yea
McGrady — Yea
McNeill — Yea
Moore — Yea
Presnell — Yea
Saine — Yea
Sasser — Yea
Speciale — Yea
Szoka — Yea
Yarborough — Yea
Zachary — Yea
Autry — Nay
Beasley — Nay
Brewer — Nay
Clemmons — Nay
Farmer-Butterfield — Nay
Floyd — Nay
Gailliard — Nay
Garrison — Nay
Gill — Nay
Graham — Nay
Harris — Nay
Holley — Nay
Hunt — Nay
Hunter — Nay
Jackson — Nay
Martin — Nay
Montgomery — Nay
Queen — Nay
Richardson — Nay
Russell — Nay
vonHaefen — Nay
Wray — Nay
Rogers — Nay
Fisher — Not Voting
Insko — Not Voting
Lucas — Not Voting
Terry — Not Voting
Davis — Not Voting
C. Smith — Yea
K. Baker — Yea
K. Smith — Nay
R. Smith — Nay
Allison A. Dahle Democratic Nay
Amos L. Quick, III Democratic Nay
Becky Carney Democratic Nay
Brandon Lofton Democratic Nay
Brian Turner Democratic Nay
Carolyn G. Logan Democratic Nay
Cecil Brockman Democratic Not Voting
Cynthia Ball Democratic Nay
Dante Pittman Democratic Nay
Deb Butler Democratic Nay
Eric Ager Democratic Nay
Gale Adcock Democratic Nay
Garland E. Pierce Democratic Nay
Graig Meyer Democratic Nay
Joe John Democratic Nay
Marcia Morey Democratic Nay
Mary Belk Democratic Nay
Pricey Harrison Democratic Nay
Robert T. Reives, II Democratic Nay
Shelly Willingham Democratic Nay
Sydney Batch Democratic Nay
Terence Everitt Democratic Nay
Tracy Clark Democratic Nay
Vernetta Alston Democratic Nay
Zack Hawkins Democratic Nay
Bobby Hanig Republican Yea
Brenden H. Jones Republican Yea
Chris Humphrey Republican Yea
Dean Arp Republican Yea
Dennis Riddell Republican Yea
Destin Hall Republican Yea
Donna McDowell White Republican Yea
Donny Lambeth Republican Yea
Edward C. Goodwin Republican Yea
Frank Iler Republican Yea
Harry Warren Republican Yea
Hugh Blackwell Republican Yea
Jake Johnson Republican Yea
Jay Adams Republican Yea
Jeffrey C. McNeely Republican Yea
Jimmy Dixon Republican Yea
John A. Torbett Republican Yea
John R. Bell, IV Republican Yea
John Sauls Republican Yea
Julia C. Howard Republican Yea
Keith Kidwell Republican Yea
Kelly E. Hastings Republican Not Voting
Kevin Corbin Republican Yea
Kyle Hall Republican Yea
Larry C. Strickland Republican Yea
Larry W. Potts Republican Yea
Lisa S. Barnes Republican Yea
Mark Brody Republican Yea
Mitchell S. Setzer Republican Yea
Phil Shepard Republican Not Voting
Sarah Stevens Republican Yea
Stephen M. Ross Republican Yea
Steve Jarvis Republican Yea
W. Ted Alexander Republican Nay
William D. Brisson Republican Yea
Carla D. Cunningham U Not Voting
Nasif Majeed U Nay

Official roll call →

Conference Rpt Motion 8 To Adopt

Passed 28 Yea · 18 Nay · 4 Other
Party YeaNayPresentNot Voting
Democratic 1800
Republican 12001
Unaffiliated 151003
Total 281804
% of votes cast 56%36%0%8%
How each member voted (50)
Member Party Vote
Ballard — Yea
Brown — Yea
Bryan — Yea
J. Davis — Yea
Edwards — Yea
Gallimore — Yea
Gunn — Yea
Harrington — Yea
Horner — Yea
Johnson — Yea
Krawiec — Yea
Newton — Yea
Perry — Yea
Steinburg — Yea
Wells — Yea
deViere — Nay
Fitch — Nay
Foushee — Nay
Marcus — Nay
Nickel — Nay
Peterson — Nay
Smith — Nay
Woodard — Nay
Searcy — Not Voting
VanDuyn — Not Voting
Tillman — Not Voting
D. Davis — Nay
J. Jackson — Nay
Dan Blue Democratic Nay
Gladys A. Robinson Democratic Nay
Jay J. Chaudhuri Democratic Nay
Joyce Waddell Democratic Nay
Michael Garrett Democratic Yea
Mujtaba A. Mohammed Democratic Nay
Natalie S. Murdock Democratic Nay
Paul A. Lowe, Jr. Democratic Nay
Tracy Clark Democratic Nay
Bill Rabon Republican Yea
Brent Jackson Republican Yea
Carl Ford Republican Yea
Danny Earl Britt, Jr. Republican Not Voting
Jim Burgin Republican Yea
Norman W. Sanderson Republican Yea
Phil Berger Republican Yea
Ralph Hise Republican Yea
Tom McInnis Republican Yea
Vickie Sawyer Republican Yea
W. Ted Alexander Republican Yea
W. Ted Alexander Republican Yea
Warren Daniel Republican Yea

Official roll call →

Subjects

healthcare labor technology
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors HB 612?
HB 612 is sponsored by Dennis Riddell (Republican), Donna McDowell White (Republican), and Sarah Stevens (Republican).
What is the current status of HB 612?
This bill died with 2019-2020 Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 612?
Track HB 612 free on One Click Politics — get push/email alerts when it moves.

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