Division of Social Services Review of Procedures/Office of Administrative Hearings.
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HB 295 — Division of Social Services Review of Procedures/Office of Administrative Hearings.
Last action — Withdrawn From Com
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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3Passed House
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4Passed Senate
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5To Executive
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6Enacted
This bill died with 2021-2022 Session. It reached “Passed House” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
194 added · 46 removedPlain-language change summary
The changes to House Bill 295 primarily involve clarifying the language around interim rules and the policies issued by the Secretary of Health and Human Services. The updated wording specifies that any interim rule will expire by July 1, 2023, unless it is made permanent, and it also outlines that new policies or guidelines will automatically become void after one year unless reissued. This matters because it sets clear timelines for the effectiveness of rules and reduces uncertainty for businesses and individuals who might be impacted by these regulations, ensuring they have a defined period for compliance.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2021 H 21 HOUSE BILL 295 Committee Substitute Favorable 3/30/21 Short Title:
Representatives Stevens, Moffitt, Riddell, and White (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Judiciary2, if favorable, Families, Children,andAgingPolicy,iffavorable,Rules, Calendar, and Operations of the House March 16, 2021 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.HEARINGS AND TO UPDATE THE PROCESS FOR LEGISLATIVE REVIEW OF RULES.
The report shall include an explanation for any policies, guidelines, and other interpretive statements not adopted as rulesa rule the Commission believes are not in violation of G.S.
150B-18, shall be deemed interim rules so long as they do not conflict with any *H295-v-1* General Assembly Of North Carolina Session 2021 provisions of the General Statutes.
A reviewing court *H295-v-2* General Assembly Of North Carolina Session 2021 may extend the interim rule period pendingthepending the outcome of its reviewreview, if the Commission has filed an action for declaratory judgment under Section 2.
Any policy, guideline, or other interpretive statement issued bytheby the Division after this act becomes effective shall become void one year after it is issued;
however, prior to that deadline, the Secretary of Health and Human Services maymayreissuethe reissue the policy, guideline,guideline,orother orinterpretivestatement other interpretive statement for ananadditionalperiod additional period of one year.
ThisG.S. act is effective when it becomes law.
Page93B-8.1(a)(1) 2reads Houseas Billrewritten: 295-Second Edition
"(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.
150B-21.3 reads as rewritten:
"§ 150B-21.3.
Effective date of rules.
(a) Temporary and Emergency Rules.
– A temporary rule or an emergency rule becomes effective on the date the Codifier of Rules enters the rule in the North Carolina Administrative Code.
(b) Permanent Rule.
– A permanent rule approved by the Commission becomes effective on the first dayof the month following the month the rule is approved bythe Commission, unless the Commission received written objections to the rule in accordance with subsection (b2) of this section, or unless subsection (b) of G.S.
150B-21.3B or the agency that adopted the rule specifies a later effective date.
(b1) Delayed Effective Dates.
– Except as provided in G.S.
14-4.1, if the Commission received written objections to the rule in accordance with subsection (b2) of this section, the rule becomes effective on the earlier of the thirty-first legislative day or the day of adjournment of the next regular session of the General Assembly that begins at least 25 days after the date the Commission approved the rule, unless a different effective date applies under this section.
If a bill that specifically disapproves the rule is introduced in either house of the General Assembly before the thirty-first legislative day of that session, the rule becomes effective on the earlier of either the dayan unfavorable final action is taken on the bill or the daythat session of the General Assembly adjourns without ratifying a bill that specifically disapproves the rule.
If the agency adopting the rule specifies a later effective date than the date that would otherwise apply under this subsection, the later date applies.
A permanent rule that is not approved by the Commission or that is specifically disapproved by a bill enacted into law before it becomes effective does not become effective.
A bill specifically disapproves a rule if it contains a provision that refers to the rule by appropriate North Carolina Administrative Code citation and states that the rule is disapproved.
Notwithstanding any rule of either house of the General Assembly, any member of the General Assembly may introduce a bill during the first 30 legislative days of any regular session to disapprove a rule that has been approved by the Commission and that either has not become effective or has become effective by executive order under subsection (c) of this section.
(b2) Objection.
– Any person who objects to the adoption of a permanent rule may submit written comments to the agency.
If the objection is not resolved prior to adoption of the rule, a person may submit written objections to the Commission.
If the Commission receives written objections from 10 or more persons, no later than 5:00 P.M.
of the day following the day the Commission approves the rule, clearly requesting review by the legislature in accordance with instructions posted on the agency's Web site pursuant to G.S.
150B-19.1(c)(4), and the Commission approves the rule, the rule will become effective as provided in subsection (b1) of this section.
The Commission shall notify the agency that the rule is subject to legislative disapproval on the day following the day it receives 10 or more written objections.
When the Page 2 House Bill 295-First Edition General Assembly Of North Carolina Session 2021 requirements of this subsection have been met and a rule is subject to legislative disapproval, the agency may adopt the rule as a temporary rule if the rule would have met the criteria listed in G.S.
150B-21.1(a) at the time the notice of text for the permanent rule was published in the North Carolina Register.
If the Commission receives objections from 10 or more persons clearly requesting review by the legislature, and the rule objected to is one of a group of related rules adopted by the agency at the same time, the agency that adopted the rule may cause any of the other rules in the group to become effective as provided in subsection (b1) of this section by submitting a written statement to that effect to the Commission before the other rules become effective.
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(c) Executive Order Exception.
– The Governor may, by executive order, make effective a permanent rule that has been approved by the Commission but the effective date of which has been delayed in accordance with subsection (b1) of this section upon finding that it is necessary that the rule become effective in order to protect public health, safety, or welfare.
A rule made effective by executive order becomes effective on the date the order is issued or at a later date specified in the order.
When the Codifier of Rules enters in the North Carolina Administrative Code a rule made effective by executive order, the entry must reflect this action.
A rule that is made effective by executive order remains in effect unless it is specifically disapproved by the General Assembly in a bill enacted into law on or before the day of adjournment of the regular session of the General Assembly that begins at least 25 days after the date the executive order is issued.
A rule that is made effective by executive order and that is specifically disapproved by a bill enacted into law is repealed as of the date specified in the bill.
If a rule that is made effective byexecutive order is not specifically disapproved by a bill enacted into law within the time set by this subsection, the Codifier of Rules must note this in the North Carolina Administrative Code.
(c1) Fees.
– Notwithstanding any other provision of this section, a rule that establishes a new fee or increases an existing fee shall not become effective until the agency has complied with the requirements of G.S.
12-3.1.
(d) Legislative Day and Day of Adjournment.
– As used in this section:
(1) A "legislative day" is a day on which either house of the General Assembly convenes in regular session.
(2) The "day of adjournment" of a regular session held in an odd-numbered year is the day the General Assembly adjourns by joint resolution or by operation of law for more than 30 days.
(3) The "day of adjournment" of a regular session held in an even-numbered year is the day the General Assembly adjourns sine die.
(e) OSHA Standard.
– A permanent rule concerning an occupational safety and health standard that is adopted by the Occupational Safety and Health Division of the Department of Labor and is identical to a federal regulation promulgated by the Secretary of the United States Department of Labor becomes effective on the date the Division delivers the rule to the Codifier of Rules, unless the Division specifies a later effective date.
If the Division specifies a later effective date, the rule becomes effective on that date.
(f) Technical Change.
– A permanent rule for which no notice or hearing is required under G.S.
150B-21.5(a)(1) through (a)(5) or G.S.
150B-21.5(b) becomes effective on the first day of the month following the month the rule is approved by the Rules Review Commission.Commission or Codifier of Rules, as applicable." SECTION 6.
Article 2A of Chapter 150B of the General Statutes is amended by adding a new section to read:
"§ 150B-21.3B.
Legislative review of rules.
(a) Definitions.
– As used in this section, "legislative day" means a day on which either house of the General Assembly convenes in regular session.
House Bill 295-First Edition Page 3 General Assembly Of North Carolina Session 2021 (b) Objection to Rule.
– Any person who objects to the adoption of a permanent rule may submit written comments to the agency.
If the objection is not resolved prior to adoption of the rule, a person may submit written objections to the Commission requesting review of the rule by the General Assembly.
The written objections must clearly request review by the General Assembly in accordance with instructions posted on the agency's website pursuant to G.S.
150B-19.1(c)(4).
If the Commission receives such written objections from 10 or more persons no later than 5:00 P.M.
of the day following the day the Commission approves the rule, the rule will become effective as provided in subsection (e) of this section.
The Commission shall notify the agencythat the rule is subject to review bythe General Assembly on the day following the day it receives 10 or more written objections.
(c) Agency Action.
– If a rule is subject to review by the General Assembly pursuant to this section, the agency may adopt the rule as a temporary rule if the rule would have met the criteria listed in G.S.
150B-21.1(a) at the time the notice of text for the permanent rule was published in the North Carolina Register.
If a rule that is subject to review by the General Assembly is one of a group of related rules adopted by the agency at the same time, the agency may cause any of the other rules in the group to become effective as provided in subsection (e) of this section bysubmitting a written statement to that effect to the Commission before the other rules become effective.
(d) Disapproval Bills.
– Notwithstanding any rule of either house of the General Assembly, any member of the General Assembly may introduce a bill during the first 30 legislative days of the regular session of any given calendar year to specificallydisapprove a rule that has been approved by the Commission and that has not become effective or has become effective by executive order under subsection (f) of this section.
A bill specifically disapproves a rule if it contains a provision that refers to the rule by the appropriate North Carolina Administrative Code citation and states that the rule is disapproved.
(e) Delayed Effective Dates.
– A rule that is subject to review by the General Assembly pursuant to this section shall become effective as provided in this subsection.
A rule that is approved by the Commission on or before December 31 of a given calendar year becomes effective on the thirty-first legislative day of the regular session of the following calendar year unless a bill that specifically disapproves the rule is introduced in either house of the General Assembly before the thirty-first legislative day of that session.
If a bill that specifically disapproves the rule is introduced in either house of the General Assembly before the thirty-first legislative dayof that session, the rule becomes effective August 1 of the calendar year following the calendar year the Commission approved the rule.
If the agency adopting the rule specifies a later effective date than the date that would otherwise apply under this subsection, the later date applies.
A permanent rule that is not approved by the Commission or that is specifically disapproved by a bill enacted into law before it becomes effective does not become effective.
(f) Executive Order Exception.
– The Governor may, by executive order, make effective a permanent rule that has been approved by the Commission but the effective date of which has been delayed in accordance with subsection (e) of this section upon finding that it is necessary that the rule become effective in order to protect public health, safety, or welfare.
A rule made effective by executive order becomes effective on the date the order is issued or at a later date specified in the order.
When the Codifier of Rules enters in the North Carolina Administrative Code a rule made effective by executive order, the entry must reflect this action.
A rule that is made effective by executive order remains in effect unless it is specifically disapproved by the General Assembly in a bill enacted into law before August 1 of the calendar year following the calendar year the executive order is issued.
A rule that is made effective by executive order and that is specifically disapproved by a bill enacted into law is repealed as of the date specified in the bill.
If a rule that is made effective by executive order is not specifically disapproved by a bill enacted into law within the time set by this subsection, the Codifier of Rules must note this in the North Carolina Administrative Code." Page 4 House Bill 295-First Edition General Assembly Of North Carolina Session 2021 SECTION 7.
Sections 5 and 6 of this act become effective January 1, 2022.
The remainder of this act is effective when it becomes law.
House Bill 295-First Edition Page 5
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Action History
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Withdrawn From Com
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Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
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Regular Message Received From House
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Regular Message Sent To Senate
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Reptd Fav
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Cal Pursuant Rule 36(b)
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Added to Calendar
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Passed 2nd Reading
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Passed 3rd Reading
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Reptd Fav
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Re-ref Com On Rules, Calendar, and Operations of the House
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Reptd Fav Com Substitute
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Re-ref Com On Families, Children, and Aging Policy
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Passed 1st Reading
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Ref to the Com on Judiciary 2, if favorable, Families, Children, and Aging Policy, if favorable, Rules, Calendar, and Operations of the House
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Filed
Sponsors
- Donna McDowell White · Cosponsor
- Carter · Cosponsor
- Jeffrey C. McNeely · Cosponsor
- Mark Pless · Cosponsor
- Harry Warren · Cosponsor
- David Willis · Cosponsor
- Wray · Cosponsor
- Timothy D. Moffitt · Primary
- Dennis Riddell · Primary
- Sarah Stevens · Primary
- Jake Johnson · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →3 sponsors · 8 co-sponsors · 168 not signed on · 31 voted No
Sponsors (3)
- Timothy D. Moffitt Republican
- Dennis Riddell Republican
- Sarah Stevens Republican
Co-sponsors (8)
- Donna McDowell White Republican
- Carter
- Jeffrey C. McNeely Republican
- Mark Pless Republican
- Harry Warren Republican
- David Willis Republican
- Wray
- Jake Johnson Republican
Not signed on (168)
168 members have not signed on to this bill.
Show all 168 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 43 | 2 | 0 | 1 |
| Unaffiliated | 26 | 16 | 0 | 3 |
| Democratic | 2 | 25 | 0 | 0 |
| U | 0 | 2 | 0 | 0 |
| Total | 71 | 45 | 0 | 4 |
| % of votes cast | 59% | 38% | 0% | 3% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Clemmons | — | Yea |
| Graham | — | Yea |
| Lucas | — | Yea |
| Richardson | — | Yea |
| Wray | — | Yea |
| Boles | — | Yea |
| Bradford | — | Yea |
| Bumgardner | — | Yea |
| Carter | — | Yea |
| Cleveland | — | Yea |
| Davis | — | Yea |
| Elmore | — | Yea |
| Faircloth | — | Yea |
| Hardister | — | Yea |
| Hurley | — | Yea |
| Johnson | — | Yea |
| McElraft | — | Yea |
| McNeill | — | Yea |
| Mills | — | Yea |
| Moore | — | Yea |
| Saine | — | Yea |
| Sasser | — | Yea |
| Szoka | — | Yea |
| Yarborough | — | Yea |
| Zachary | — | Yea |
| Autry | — | Nay |
| Cooper-Suggs | — | Nay |
| Farkas | — | Nay |
| Fisher | — | Nay |
| Garrison | — | Nay |
| Gill | — | Nay |
| Harris | — | Nay |
| Hunt | — | Nay |
| Hunter | — | Nay |
| Hurtado | — | Nay |
| Insko | — | Nay |
| Martin | — | Nay |
| Terry | — | Nay |
| vonHaefen | — | Nay |
| Gailliard | — | Not Voting |
| Rogers | — | Not Voting |
| C. Smith | — | Not Voting |
| K. Baker | — | Yea |
| K. Smith | — | Nay |
| R. Smith | — | Nay |
| Abe Jones | Democratic | Nay |
| Allison A. Dahle | Democratic | Nay |
| Amber M. Baker | Democratic | Nay |
| Amos L. Quick, III | Democratic | Nay |
| Becky Carney | Democratic | Nay |
| Brandon Lofton | Democratic | Nay |
| Brian Turner | Democratic | Yea |
| Carolyn G. Logan | Democratic | Nay |
| Cecil Brockman | Democratic | Nay |
| Cynthia Ball | Democratic | Nay |
| Dante Pittman | Democratic | Yea |
| Deb Butler | Democratic | Nay |
| Eric Ager | Democratic | Nay |
| Gale Adcock | Democratic | Nay |
| Garland E. Pierce | Democratic | Nay |
| Graig Meyer | Democratic | Nay |
| James Roberson | 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 |
| Terence Everitt | Democratic | Nay |
| Terry M. Brown Jr. | Democratic | Nay |
| Vernetta Alston | Democratic | Nay |
| Zack Hawkins | Democratic | Nay |
| Ben T. Moss, Jr. | Republican | Yea |
| Bobby Hanig | Republican | Yea |
| Brenden H. Jones | Republican | Yea |
| Charles W. Miller | Republican | Yea |
| Chris Humphrey | Republican | Yea |
| David Willis | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Destin Hall | Republican | Yea |
| Diane Wheatley | Republican | Yea |
| Donna McDowell White | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Dudley Greene | Republican | Yea |
| Edward C. Goodwin | Republican | Yea |
| Erin Paré | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Howard Penny, Jr. | Republican | Yea |
| Hugh Blackwell | Republican | Yea |
| Jay Adams | Republican | Yea |
| Jeff Zenger | 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 | Nay |
| Karl E. Gillespie | Republican | Yea |
| Keith Kidwell | Republican | Yea |
| Kelly E. Hastings | Republican | Not Voting |
| Kyle Hall | Republican | Yea |
| Larry C. Strickland | Republican | Yea |
| Larry W. Potts | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mark Pless | Republican | Yea |
| Matthew Winslow | Republican | Yea |
| Mike Clampitt | Republican | Yea |
| Mitchell S. Setzer | Republican | Nay |
| Phil Shepard | Republican | Yea |
| Ray Pickett | Republican | Yea |
| Sam Watford | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Steve Tyson | Republican | Yea |
| Timothy D. Moffitt | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| William D. Brisson | Republican | Yea |
| Carla D. Cunningham | U | Nay |
| Nasif Majeed | U | Nay |
Subjects
Frequently asked questions
- Who sponsors HB 295?
- HB 295 is sponsored by Donna McDowell White (Republican), Carter, Jeffrey C. McNeely (Republican), Mark Pless (Republican), Harry Warren (Republican), David Willis (Republican), Wray, Timothy D. Moffitt (Republican), Dennis Riddell (Republican), Sarah Stevens (Republican), and Jake Johnson (Republican).
- What is the current status of HB 295?
- This bill died with 2021-2022 Session. It reached “Passed House” 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 295?
- Track HB 295 free on One Click Politics — get push/email alerts when it moves.
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