AN ACT to implement recommendations of the joint legislative administrative procedure oversight committee to allow the office of administrative hearings to use the internet for agency publications and to conform the administrative procedure act to provisions of chapter 12 of the general statutes relating to rules which establish or increase fees.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 150B‑21.24 reads as rewritten:
"§ 150B‑21.24.   Access to Register and Code.
(a)	Register. – The Codifier of Rules 		 shall make available the North Carolina Register on the Internet at no charge. Upon request the Codifier shall provide a free copy of the current volume of the Register to any person who receives a free copy of the North Carolina Administrative Code or any member of the General Assembly.
(b)	Code. – The Codifier of Rules shall make available the North Carolina Administrative Code on the Internet at no charge. The Codifier shall distribute copies of the North Carolina Administrative Code as soon after publication as practical, without charge, to the following:
(1)	One copy to the board of commissioners of each  county that specifically requests a printed copy, to be placed at the county clerk of court's office or at another place selected by the board of commissioners. The Codifier of Rules is not required to provide a copy of the Administrative Code to any board of county commissioners unless a request is made.
(2)	One copy to the Commission.
(3)	One copy to the Clerk of the Supreme Court and to the Clerk of the Court of Appeals of North Carolina.
(4)	One copy to the Supreme Court Library and one copy to the library of the Court of Appeals.
(5)	One copy to the Administrative Office of the Courts.
(6)	One copy to the Governor.
(7)	 One copy to the Legislative Services Commission for the use of the General Assembly.
	
(9)	 One copy to the Division of State Library of the Department of Cultural Resources pursuant to G.S. 125‑11.7."
SECTION 2.  G.S. 150B‑21.1(a) reads as rewritten:
"(a)	Adoption. – An agency may adopt a temporary rule without prior notice or hearing or upon any abbreviated notice or hearing the agency finds practical when it finds that adherence to the notice and hearing requirements of this Part would be contrary to the public interest and that the immediate adoption of the rule is required by one or more of the following:
(1)	A serious and unforeseen threat to the public health, safety, or welfare.
(2)	The effective date of a recent act of the General Assembly or the United States Congress.
(3)	A recent change in federal or State budgetary policy.
(4)	A federal regulation.
(5)	A court order.
(6)	The need for the rule to become effective the same date as the State Medical Facilities Plan approved by the Governor, if the rule addresses a matter included in the State Medical Facilities Plan.
An agency must prepare a written statement of its findings of need for a temporary rule. If the temporary rule establishes a new fee or increases an existing fee, the agency shall include in the written statement that it has complied with the requirements of 
G.S. 12-3.1. The statement must be signed by the head of the agency adopting the rule."
SECTION 3.  G.S. 150B‑21.1(b) reads as rewritten:
"(b)	Review. – When an agency adopts a temporary rule it must submit the rule and the agency's written statement of its findings of the need for the rule to the Codifier of Rules. Within one business day after an agency submits a temporary rule, the Codifier of Rules must review the agency's written statement of findings of need for the rule to determine whether the statement of need meets the criteria listed in subsection (a) or (a1) of this section. In reviewing the statement, the Codifier of Rules may consider any information submitted by the agency or another person. If the Codifier of Rules finds that the statement meets the criteria, the Codifier of Rules must notify the head of the agency and enter the rule in the North Carolina Administrative Code.
If the Codifier of Rules finds that the statement does not meet the criteria, the Codifier of Rules must immediately notify the head of the agency. The agency may supplement its statement of need with additional findings or submit a new statement. If the agency provides additional findings or submits a new statement, the Codifier of Rules must review the additional findings or new statement within one business day after the agency submits the additional findings or new statement. If the Codifier of Rules again finds that the statement does not meet the criteria listed in subsection (a) or (a1) of this section, the Codifier of Rules must immediately notify the head of the agency.
If an agency decides not to provide additional findings or submit a new statement when notified by the Codifier of Rules that the agency's findings of need for a rule do not meet the required criteria, the agency must notify the Codifier of Rules of its decision. The Codifier of Rules must then enter the rule in the North Carolina Administrative Code on the sixth business day after receiving notice of the agency's decision. Notwithstanding any other provision of this subsection, if the agency has not complied with the provisions of G.S. 12-3.1, the Codifier of Rules shall not enter the rule into the Code."
SECTION 4.  G.S. 150B‑21.19 reads as rewritten:
"§ 150B‑21.19.  Requirements for including rule in Code.
To be acceptable for inclusion in the North Carolina Administrative Code, a rule must:
(1)	Cite the law under which the rule is adopted.
(2)	Be signed by the head of the agency or the rule‑making coordinator for the agency that adopted the rule.
(3)	Be in the physical form specified by the Codifier of Rules.
(4)	Have been approved by the Commission, if the rule is a permanent rule.
(5)	Have complied with the provisions of G.S. 12-3.1, if the rule establishes a new fee or increases an existing fee."
SECTION 5.  G.S. 150B‑21.3 is amended by adding a new subsection to read:
"(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."
SECTION 6.  This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 22nd day of August, 2002.

	_____________________________________
		 Beverly E. Perdue
	 President of the Senate

	_____________________________________
		 James B. Black
	 Speaker of the House of Representatives

	_____________________________________
		 Michael F. Easley
	 Governor

Approved __________.m. this ______________ day of ___________________, 2002