By Nahale Freeland Kalfas Greetings Administrative Law Section Members – It is my honor to serve this year as chair of the Administrative Law Section that has provided me with collegiality and useful information throughout the years. There is no doubt that this coming year will continue to be an opportunity to further refine our […]
This week, the Court of Appeals offered two opinions of interest to administrative law practitioners. Powell v. Cartret, July 20, 2021, Court of Appeals, COA20-406 (Judge Allegra Collins), Published. Error to subject records under N.C. Gen. Stat. 58-10-430 to subpoena; no error to subject records under N.C. Gen. Stat. 58-30-62 to subpoena. Although on its […]
By Jeffrey P. Gray Opposition to the licensing of occupations and professions is not a partisan issue. It is a philosophical one. The advocates for change, reform, or outright elimination come from all sides. The first U.S. President to address the issue was Barack Obama when in 2015, the White House released a seventy-six page […]
The General Assembly has amended Chapter 84 to clarify how out-of-state attorneys may apply to practice pro hac vice before the Utilities and Industrial Commissions and OAH, and any other administrative agencies. S 277 (SL 2021-60). Ret. & Treasury Tech. Corrections Act Of 2021. The governor signed the bill on Monday, June 28. It is […]
Chief Administrative Law Judge Julian Mann III appointed Ashley B. Snyder as the Codifier of Rules effective July 1, 2021. The Codifier enters rules into the North Carolina Administrative Code, publishes the North Carolina Register, and reviews emergency rules. In addition, the Codifier serves as the Director of APA Services by managing and directing the […]
By Melissa Lassiter This second piece in a series of interviews with recently retired administrative law experts and practitioners will give you insights from the perspective of a recently retired administrative law judge. In 2016, after three years of pecking at the computer, Donald Wayne Overby finished and published his book, “Just Ordinary Soldiers – […]
By Nahale Freeland Kalfas There are times when administrative lawyers wish they could get the “scoop” from General Assembly insiders – to help them understand how to improve why things happen and what can be done. This interview with recently retired General Assembly attorney Karen Cochrane-Brown may offer practitioners some of those wished-for, useful insights. […]
By Ann Wall If you have practiced administrative law in the last ten years, you know about the movement to deregulate occupational licensing. You have heard the many “licensing – bad, deregulation – good” arguments. Until now, there has not been an accessible legal resource for the opposite approach, “the licensing is good for society” […]
From OAH: In response to public comments, the Office of Administrative Hearings and the Rules Review Commission have approved amendments to the Administrative Rule Style Guide. The updated version of the Style Guide is now available here on the OAH website. If you want to see exactly what changed, a redline version is available here. Examples […]
By Nahale Freeland Kalfas The North Carolina General Assembly (NCGA) has recently enacted the Audiology and Speech-Language Pathology Compact (ASLP-IC), Psychology Interjurisdictional Compact (PsyPact) and is already a member of the Nurse Licensure Compact (NLC) and Physical Therapy Compact (PT Compact). NCGA has also introduced the Occupational Therapy Compact (OT Compact) and anticipates introduction of other […]