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Table of contents

Unless more restrictive qualifications are provided in this Chapter, the Governor shall appoint each member of a board, council, or committee on the basis of his interest in public affairs, good judgment, knowledge and ability in the field for which appointed, and with a view to providing diversity of interest and points of view in the membership. Unless other conditions are provided in the Executive Organization Act of , any member of a board, council, or committee may be removed from office by the Governor for misfeasance, malfeasance, or nonfeasance.

No member of a board, council, or committee may use his position to influence any election or the political activity of any person, and any such member who violates this paragraph may be removed from such office by the Governor, if such member was appointed by the Governor, or by the appointing authority, if such member was not appointed by the Governor. Commission investigations and orders. Unless otherwise provided for in the Executive Organization Act of , any commission created by the Executive Organization Act of may order an investigation into areas of concern over which it has rule-making authority, and the head of the department required to give staff support to such commission shall render such reports and information as the commission may require.

Significance

In proceedings before any commission or any hearing officer or member of the commission so authorized by the commission, if any person refuses to respond to a subpoena, or refuses to take the oath or affirmation as a witness or thereafter refuses to be examined or refuses to obey any lawful order of a commission contained in its decision rendered after hearing, the chairman of the commission may apply to the Superior Court of Wake County or to the superior court of the county where the proceedings are being held for an order directing that person to take the requisite action.

Pending actions and proceedings. No action or proceeding pending at the time the Executive Organization Act of takes effect and brought by or against any State agency whose functions, powers, and duties are transferred by the Executive Organization Act of to a principal State department shall be affected by any provision of the Executive Organization Act of , but the same may be prosecuted or defended in the name of the head of the principal State department.

In all such actions and proceedings, the principal State department to which the functions, powers, and duties of a State agency have been transferred shall be substituted as a party upon appropriate application to the courts. Affirmation of prior acts of abolished agencies. The abolition of certain agencies by the Executive Organization Act of should not be construed as invalidating any lawful prior act of such agency.

Terms occurring in laws, contracts and other documents.


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Any reference or designation in any statute, contract, or other document pertaining to functions, powers, obligations, and duties of a State agency assigned by the Executive Organization Act of to a principal State department shall be deemed to refer to the principal State department or the head of the principal State department, as may be appropriate. Completion of unfinished business. Any business or other matter undertaken or commenced by any State agency or the commissioners or directors thereof, pertaining to or connected with the functions, powers, obligations, and duties hereby transferred to a principal State department, and pending on July 1, , may be conducted and completed by the principal State department in the same manner and under the same terms and conditions and with the same effect as if conducted and completed by the State agency or commissioners and directors thereof.

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Cooperative agreements; prohibition regarding Health Benefit Exchanges. No department, agency, or institution of this State shall enter into any contracts or commit any resources for the provision of any services related to the federally facilitated Health Benefit Exchange under a "Partnership" Exchange model, except as authorized by the General Assembly. No department, agency, or institution of this State shall take any actions not authorized by the General Assembly toward the formation of a State-run Health Benefit Exchange. It is not the intent of this section to prohibit State-federal interaction that does not pursue a State-run Exchange or "Partnership" Exchange model.

Any agency not enumerated in the Executive Organization Act of but established or created by the General Assembly shall continue to exercise all its powers, duties, and functions subject to the provisions of Chapter A of the General Statutes of the State of North Carolina. Repealed by Session Laws , c.

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Goals of continuing reorganization. Structural reorganization of State government should be a continuing process, accomplished through careful executive and legislative appraisal of the placement of proposed new programs and coordination of existing programs in response to changing emphases in public needs and should be consistent with the following goals:.

It is the goal of reorganization to improve the administrative capability of the executive to carry out these policies. It is the goal of reorganization through coordination of related programs in function-oriented departments to improve public understanding of government programs and policies and to improve the relationships between citizens and administrative agencies. It is the goal of reorganization to promote efficiency and effectiveness by improving the management and coordination of State services and by eliminating ineffective, overstaffed, obsolete or overlapping activities.

For purposes of enhanced collaboration and cooperation between governmental agencies, planning, use of resources, and improved efficiency at a regional level, the State is hereby divided into eight permanent zones as follows:. Reserved for future codification. Part 2. Governor's Administrative Rules Review Commission. The Commission shall consist of 10 members to be appointed by the General Assembly, five upon the recommendation of the President Pro Tempore of the Senate, and five upon the recommendation of the Speaker of the House of Representatives.

These appointments shall be made in accordance with G. Except as provided in subsection b of this section, all appointees shall serve two-year terms. In , two of the appointments made by the General Assembly upon the recommendation of the Speaker of the House of Representatives shall expire June 30, , and two shall expire June 30, Subsequent terms shall be for two years. The chairman shall be elected by the Commission, and he shall designate the times and places at which the Commission shall meet.

The Commission shall meet at least once a month. A quorum of the Commission shall consist of six members of the Commission. Members of the Commission who are officers or employees of the State shall receive reimbursement for travel and subsistence at the rate set out in G. The chairman, upon approval of a majority of the Commission, may retain private counsel to represent the Commission to be paid with available State funds to defend such litigation either independently or in cooperation with the Department of Justice. If private counsel is to be so retained to represent the Commission, the chairman shall designate lead counsel who shall possess final decision-making authority with respect to the representation, counsel, or service for the Commission.

Other counsel for the Commission shall, consistent with the Rules of Professional Conduct, cooperate with such designated lead counsel.

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Evidence of the Commission's failure to object to and delay the filing of a rule or its part shall be inadmissible in all civil or criminal trials or other proceedings before courts, administrative agencies, or other tribunals. Department of Natural and Cultural Resources - creation, powers and duties.

There is hereby created a department to be known as the "Department of Natural and Cultural Resources," with the organization, duties, functions, and powers defined in the Executive Organization Act of They shall include, by way of extension and not of limitation, the functions of:. Appropriation, allotment, and expenditure of funds for historic and archeological property. Sess; , c. The Office of State Human Resources shall assist the Secretary of Natural and Cultural Resources in the development and implementation of an organizational structure and human resources programs that make the most appropriate use of the exemptions, including i a system of job categories or descriptions tailored to the agency's needs; ii policies regarding paid time off for agency personnel and the voluntary sharing of such time off; and iii a system of uniform performance assessments for agency personnel tailored to the agency's needs.

The Secretary of Natural and Cultural Resources may, under the supervision of the Office of State Human Resources, develop and implement organizational classification and compensation innovations having the potential to benefit all State agencies. The Fund shall consist of all receipts derived from donations, gifts, devises, and earned revenue.

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The monies in the Fund may be used only for contracted services, personal services and operations, conference and meeting expenses, travel, staff salaries, operations for laboratory needs, museum exhibits, and other administrative costs related to the Queen Anne's Revenge Project. The staff of the Office of Archives and History and the Department of Natural and Cultural Resources shall determine how the funds shall be used for the purposes of the Queen Anne's Revenge Project, and those funds are hereby appropriated for those purposes.

This report shall include the source and amount of all funds credited to the Fund and the purpose and amount of all expenditures from the Fund during the prior fiscal year.

Repealed by Session Laws , 2nd Session, c. There is hereby created the North Carolina Historical Commission of the Department of Natural and Cultural Resources to give advice and assistance to the Secretary of Natural and Cultural Resources and to promulgate rules and regulations to be followed in the acquisition, disposition, preservation, and use of records, artifacts, real and personal property, and other materials and properties of historical, archaeological, architectural, or other cultural value, and in the extension of State aid to other agencies, counties, municipalities, organizations, and individuals in the interest of historic preservation.

To advise the Secretary of Natural and Cultural Resources on the scholarly editing, writing, and publication of historical materials to be issued under the name of the Department. To evaluate and approve proposed nominations of historic, archaeological, architectural, or cultural properties for entry on the National Register of Historic Places.

To evaluate and approve the State plan for historic preservation as provided for in Chapter To evaluate and approve historic, archaeological, architectural, or cultural properties proposed to be acquired and administered by the State.

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To evaluate and prepare a report on its findings and recommendations concerning any property not owned by the State for which State aid or appropriations are requested from the Department of Natural and Cultural Resources, and to submit its findings and recommendations in accordance with Chapter To serve as an advisory and coordinative mechanism in and by which State undertakings of every kind that are potentially harmful to the cause of historic preservation within the State may be discussed, and where possible, resolved, particularly by evaluating and making recommendations concerning any State undertaking which may affect a property that has been entered on the National Register of Historic Places as provided for in Chapter of the General Statutes of North Carolina.

To exercise any other powers granted to the Commission by provisions of Chapter of the General Statutes of North Carolina. To give its professional advice and assistance to the Secretary of Natural and Cultural Resources on any matter which the Secretary may refer to it in the performance of the Department's duties and responsibilities provided for in Chapter of the General Statutes of North Carolina. To serve as a search committee to seek out, interview, and recommend to the Secretary of Natural and Cultural Resources one or more experienced and professionally trained historian s for either the position of Deputy Secretary of Archives and History when a vacancy occurs, and to assist and cooperate with the Secretary in periodic reviews of the performance of the Deputy Secretary.

To assist and advise the Secretary of Natural and Cultural Resources and the Deputy Secretary of Archives and History in the development and implementation of plans and priorities for the State's historical programs. For the acquisition and use of historical materials suitable for acceptance in the North Carolina Office of Archives and History.

For the disposition of public records under provisions of Chapter of the General Statutes of North Carolina. For the use by the public of historic, architectural, archaeological, or cultural properties as provided in Chapter of the General Statutes of North Carolina. For the acquisition of historic, archaeological, architectural, or cultural properties by the State. For the extension of State aid or appropriations through the Department of Natural and Cultural Resources to counties, municipalities, organizations, or individuals for the purpose of historic preservation or restoration.

For the extension of State aid or appropriations through the Department of Natural and Cultural Resources to nonstate-owned nonprofit history museums. For qualification for grants-in-aid or other assistance from the federal government for historic preservation or restoration as provided in Chapter of the General Statutes of North Carolina. This section shall be construed liberally in order that the State and its citizens may benefit from such grants-in-aid. All rules and regulations adopted by the Commission shall be enforced by the Department of Natural and Cultural Resources.

The members of the North Carolina Historical Commission shall include the members of the existing North Carolina Historical Commission who shall serve for a period equal to the remainder of their current terms on the Commission, plus four additional appointees of the Governor, two of whose appointments shall expire March 31, , and two of whose appointments shall expire March 31, At the end of the respective terms of office of the members, their successors shall be appointed for terms of six years and until their successors are appointed and qualify. Of the members, at least five shall have professional training or experience in the fields of archives, history, historic preservation, historic architecture, archaeology, or museum administration, including at least three currently involved in the teaching of history at the college or university level or in administering archives or historical collections or programs.

Any appointment to fill a vacancy on the Commission created by resignation, dismissal, death, or disability of a member shall be for the balance of the unexpired term. The Governor shall have the power to remove any member of the Commission from office for misfeasance, malfeasance or nonfeasance according to the provisions of G.


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The members of the Commission shall receive per diem and necessary travel and subsistence expenses in accordance with the provisions of G. A majority of the Commission shall constitute a quorum for the transaction of business.