Members of the Administrative Law Section found the following recent third party articles interesting:
Regarding contested case records retention: “Retaining Contested Cases“, Emily Sweitzer / June 25, 2019, Archives, NC Department of Natural and Cultural Resources . This post applies to any State-level agency, including occupational licensing boards, that works with the Office of Administrative Hearings to resolve contested cases.
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.pngAdministrative2019-11-04 16:38:202019-11-04 16:46:20You may find these articles interesting – other Administrative Law Section members did.
By Christina Cress
Four NCBA Sections are combining their respective experience and subject matter expertise to bring you an informative CLE highlighting this session’s legislative updates.
The Administrative Law Section; Environment, Energy & Natural Resources Law Section; Government & Public Sector Section; and Juvenile Justice & Children’s Rights Section are teaming up to bring you a 6.0‑credit hour CLE beginning at 8:15 a.m. on Friday, November 8, titled “Riding the Waves of Change: 2019 Legislative Review.” Although it will be available by webcast and On Demand, we encourage you to attend live so that you can enjoy fellowship and networking during breakfast and lunch, both of which are include in your CLE registration.
The content-packed agenda features speakers who are both seasoned veterans on Jones Street and those who are relatively new to lobbying. The sessions are both broad enough to include tips for all lawyers and practice areas, but sufficiently tailored to provide a specific substantive update on the most salient legislative actions taken this session as well as a general refresher of legislative procedure 101! Come learn what the North Carolina General Assembly has (or has not) changed and the practical effects of those changes. Brush up on your legislative procedure knowledge and skills. Hear about the most debated and followed bills of the current legislative session.
Specific sessions include a Hot Topics Potpourri Panel moderated by Bain Jones, featuring panelists Jack Nichols, Reginald O’Rourke, and Robin L. Tatum. You also will hear from Karen Brinson Bell, Bob Joyce, Katelyn Love, and Bruce Thompson, II, during our Elections and Redistricting Updates. Meisha Evans and Nick Fountain will bring you Legislative Process 101. Dixon Snukals will take you on a deep dive into Environmental and Energy updates. And LaToya Powell will end the day with an update on Juvenile Justice Reform and Child Welfare Law.
There truly is something for everyone in this CLE – even if not in your specific practice area, then at least in your role as a citizen of the Old North State! We hope you will join us!
Dear Members of the Administrative Law Section, I am honored and excited to be serving as the Chair of the Administrative Law Section for the 2019-2020 bar year. The section’s leadership (listed here) is prepared for a productive year full of quality CLE, social activities, and learning opportunities to make your administrative law practice better.
We encourage you to make the most of your NCBA and Administrative Law Section membership and participate in the many activities we will have this year. Additionally, we invite you to become active with our many committees as you will gain invaluable experience and develop lifelong friendships; please sign up here or contact me or anyone in leadership about becoming a committee member.
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.pngAdministrative2019-10-14 17:17:472019-10-14 17:24:10From Your Administrative Law Section Chair
S.L. 2019-201 (S 230) NC Military and Veteran Act of 2019
North Carolina is home to the highest number of active and inactive military members in the entire Union. The legislature has taken steps to make sure that members of the military and veterans are not negatively influenced by their service to our country. The changes under the NC Military and Veteran Act may also help service members decide to stay in NC or help position NC to keep its bases when the next BRAC base closure commission acts. In August of 2019, the General Assembly enacted changes to numerous military and veteran related statutes. S.L. 2019-201 (S 230) is called the “NC Military and Veteran Act of 2019”. The statutory changes concern the State Board of Education, occupational licensing, social service investigations, as well as in-state tuition residency requirements.
Children of military members and providing for excused absences from school
Prior to the below additions to North Carolina General Statute 115C-379(b)(2), the State Board of Education was only authorized by the state legislature to adopt rules that excused absences of a temporary nature for a student with a physical or mental inability to attend school as well as circumstances whereby a student may be excused for nonattendance to do farm work or work at home. In an effort to ensure that children of military members do not receive unexcused absences because of a military member’s change in deployment status, part 1 of the Military and Veteran Act of 2019 directs the State Board of Education to enact rules providing for specified excused absences from school for children of members of the armed forces of the United States.
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.pngAdministrative2019-10-03 16:33:302019-10-03 16:49:40S.L. 2019-201 (S 230) NC Military and Veteran Act of 2019
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.pngAdministrative2019-09-11 13:36:402019-09-11 13:36:40Items of Interest: African Hair Braiding, Notice and Sanctions, the Regulatory State
As the new NCBA year is underway, we invite you to submit articles for the Administrative Law Section Blog. Send proposed articles to this year’s Communications Committee Chair, Ann Wall, at [email protected]. And, please consider joining the committee.
Our readers may be new to the Section or to administrative law. Or they may be long-time and expert practitioners. In addition, our blog posts will be available to attorneys who are members of other sections of the NCBA. 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.pngAdministrative2019-08-21 11:44:092019-08-21 12:12:26Write For Your Administrative Law Section Blog
The Administrative Law Section is joining forces with the Government & Public Sector, Juvenile Justice & Children’s Rights, and Environment, Energy & Natural Resources Law Sections to bring you a 6.0 credit hour CLE this fall, titled “Riding the Waves of Change: 2019 Legislative Review.”
The CLE will take place at the NC Bar Center in Cary from 8:15 a.m. to 4:30 p.m. on Friday, Nov. 8, 2019.
While it will be available by webcast and on-demand, we encourage you to attend live to enjoy the networking that is sure to occur during the breakfast and lunch, both of which will be provided.
The four co-planning Sections will combine their expertise to provide updates and answers regarding the 2019 legislative actions.
Learn what the North Carolina General Assembly has (or has not) changed and the practical effects of those changes. Brush up on your legislative procedure knowledge and skills. Hear about the most debated and followed bills of the current legislative session.
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.pngAdministrative2019-08-20 11:26:152019-08-21 14:35:48Put It On Your Calendar Now: 'Riding the Waves of Change: 2019 Legislative Review'
Jack Nichols, director and attorney at Nichols, Choi & Lee, PLLC in Raleigh, N.C., is the 2018 recipient of the Administrative Law Award for Excellence, an annual award given by the Administrative Law Section of the North Carolina Bar Association.
Nichols received the Administrative Law Award for Excellence on Friday, April 20, at the section’s annual meeting and CLE at the N.C. Bar Center. He chaired the Administrative Law Section in 1994-1995.
Ever since the United States Supreme Court handed down its decision in North Carolina State Board of Dental Examiners v. FTC, 1235 S. Ct. 1101 (2015), occupational licensing boards have struggled to discern what constitutes adequate “state supervision” over their activities in order to retain state action immunity. The Supreme Court did not provide much guidance on what is expected of that supervisor or what that supervisor should look like. However, it did state that “the supervisor must review the substance of the anticompetitive decision, not merely the procedures followed to produce it [and] the supervisor must have the power to veto or modify particular decisions to ensure they accord with state policy … however, the adequacy of supervision otherwise will depend on all the circumstances of a case.”
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00NCBARBLOGhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngNCBARBLOG2018-06-15 13:20:332018-08-28 14:40:24Recent Guidance On the 'State Supervision' Requirement
Legislative prayer[1] is under attack and the challenges appear far from over. Our Fourth Circuit’s Lund v. Rowan County[2] decision, on rehearing en banc, declaring Rowan County’s[3] prayer practices unconstitutional is a perfect illustration. Despite years of protracted litigation, Lund‘s appellate history and that of its sister cases[4] represent the fundamental difficulty our courts have in evaluating the constitutionality of legislative prayer. Each case requires a fact intensive analysis considering whether the prayer practice is in fitting with historical practices; our nation’s Establishment Clause jurisprudence does not prescribe a particular test.[5]
By Christina Cress
By 
By 
By Frank Trainor