Our world seems in great turmoil. The United States appears to be challenged by nations with very different political and social objectives. Various outlets blast us with repetitive information about these concerns, and we are left to try to determine what really happened. We are potentially available to others and other groups via cell phones and computers 24/7. The nature of our profession is many times adversarial and too often becomes combative. The desire to be successful, have lots of clients and to win can easily blind our sensibility. Obligations to our families and friends can become a weight on our lives.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2023-02-21 09:16:052023-02-21 09:16:53A Balanced Life
This past year, the North Carolina Bar Association focused on access to our courts. The North Carolina State Bar also is evaluating this important subject. As our state becomes more populated and more diverse, it is good to look at how effectively our court system which includes Administrative Process is meeting this goal.
The United States Constitution, Fourteenth Amendment states:
This post links to a wide variety of articles reflecting the breadth and depth of administrative law: a North Carolina entity’s administrative law-related legislative agenda; a new governor’s rule-repeal executive order; AI and regulation; the little-known role of contractors in federal rulemaking; and a Wall Street Journal article about a recent Ohio Supreme Court case eliminating judicial deference to agency interpretations.
For each article, we have provided a link, the title and author, and the opening paragraph or sentence to help you decide if you want to read the article. Note that for some of these articles, a subscription may be required. And, thanks to everyone who suggested articles to include in this post.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2023-01-26 15:16:272023-01-26 15:16:27Administrative Law in the News – Recent Articles
At the November 17, 2022, meeting of the Rules Review Commission, it was announced that at the December 15, 2022, meeting, the Commission will review proposed changes to its rules concerning extension of time and other rules concerning the filling and review of rules. Though not presented at this meeting, the proposed changes have now been published on the Rules Review Commission website. The proposed changes will be reviewed and voted on at the December 15, 2022, meeting. Section members are encouraged to review the changes, file any comments with the Commission and be at the December 15, 2022, meeting. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2022-11-18 11:43:132022-11-18 12:02:10Important Rule Changes for the Rules Review Commission And Update on Rules Checklist
The tool is probably most often used by criminal law practitioners, but all administrative law practitioners should be aware of it:
1. Check its accuracy regarding collateral consequences and your department, agency, board or commission and let the SOG know if there are issues.
2. Consider using the tool to assess collateral consequences when thinking about negotiating settlements and penalties of administrative law cases affecting a licensee, permittee, registrant or client.
Here is how the article describes the most significant changes to the tool:
“The revised C-CAT addresses these needs and includes a complete overhaul of the tool’s search functions as well as a comprehensive update of the tool’s data. Users will also notice added features, such as the ability to bookmark repeated searches, a simpler interface for use on smart phones, and expanded resources linked from the tool, including the annual reports of occupational licensing boards’ treatment of people with a criminal history.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2022-11-07 12:35:442022-11-07 12:35:44SOG Has Updated Its Collateral Consequences Tool – Check It Out
At the Administrative Law Section Council Meeting on October 27, 2022, we were honored to have Representative Sarah Stevens speak to the Council. She outlined that she believed that the Administrative Procedure Oversight Committee will be focused on three issues concerning Administrative Law this upcoming session. They are:
1. Do all occupational licensing boards need to have the requirement of a license?
2. Do some licensing boards need to be merged together because of common purposes?
3. Are all administrative agencies and boards acting within their statutory authority?
Representative Stevens indicated that it appears that the Legislature does not want to require an overarching regulatory agency under which all boards and commissions would operate. Instead, the legislature would evaluate administrative agencies and commissions using the three outlined concerns above. Read more
Whether it is Game 7 of the World Series, a knock-down, drag-out game of Monopoly, or a drive down I-40, they all have rules we must follow. Have you ever wanted to have input into the rulebook? Now is your chance for all of those who are interested in the new Remote Electronic Notarization Act (RENA). The Secretary of State will be taking comments on its Advance Notice of Proposed Rulemaking (ANPR) #1 until November 30, 2022.
N.C. Session Law 2022-54, or RENA, obligates the Secretary of State’s office to adopt permanent rules on a large number of topics that affect how a remotely located principal will be able to have their identities confirmed by notaries located in North Carolina. There is widespread interest in this new law and the implementation of RENA. It will likely serve as a national model for other states. The agency’s goal is to establish a system that will continue to promote public confidence in the reliability of signatures and the identification of remotely located principals, and that transactions are not rejected for a variety of reasons, including fraud.
RENA was signed into law on July 8, 2022. RENA primarily amends Article 2 of Chapter 10B, the Notary Public Act, in the North Carolina General Statutes. Adoption of RENA was a direct outcome of the global pandemic, which increased economic activity being conducted remotely, and established the necessity to conduct crucial business, legal, health care, and other transactions safely, securely, and efficiently in the rapidly changing remote environment.
The Secretary of State’s office is not required to request public comment at this stage of the rulemaking process. The official public comment period will come when the Agency publishes proposed rules in the North Carolina Register. However, the new law was adopted with a strong stakeholder process and, to continue that practice, the agency is now seeking public input with an ANPR.
The first of two ANPRs is available for review and comment. A second ANPR, specifically seeking input regarding the technical features, specifications, and standards applicable to the communication required as part of the REN process is forthcoming. Please take the time to review the ANPR and submit your comments to the Secretary of State to help make sure we have the most successful remote electronic notarization program in the country.
The pursuit of truth is the cornerstone of law. At North Carolina’s inception and when the present Constitution was enacted in the 1800s, this guiding precedent was in the forefront of our leaders’ actions. It is reflected in the Declaration of Rights where it is stated:
Sec. 18. Court shall be open.
All courts shall be open; every person for an injury done him in his lands, goods, person, or reputation shall have remedy by due course of law; and right and justice shall be administered without favor, denial, or delay.
Sec. 19. Law of the land; equal protection of the laws. Read more
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2022-09-23 11:48:482022-09-23 11:48:48The Pursuit of Truth
In this post, we provide several recent articles related to administrative law. We have not highlighted articles in quite a while, so some of these articles may be older. In addition, note that some articles may be behind paywalls, but usually, the paywalls allow one to four articles to be viewed before you “hit the wall.”
Docket: 20-1762 . Opinion Date: August 3, 2022. Here is an extract from Justia.com’s summary: “An immigration judge (IJ) found Petitioner’s testimony was credible and that one of the death threats she received had a nexus to her statutorily protected right to religion. However, the IJ then concluded that the death threat did not rise to the level of past persecution because the threat never came to fruition. It thus denied her application for asylum and the Board of Immigration Appeals (BIA) affirmed that decision.” 4th Circuit finds failure to apply precedent.
Whether the Court of Appeals properly affirmed the trial court’s partial denial of defendant’s motion for summary judgment as to the claims against him in his individual capacity, finding genuine issues of material fact exist concerning whether defendant acted with malice when arresting plaintiff, thereby overcoming the presumption of public official immunity that would otherwise bar such claims against defendant.
By