North Carolina 2023-2024 Regular Session

North Carolina Senate Bill S81

Introduced
2/8/23  
Refer
2/9/23  

Caption

OAH Technical Changes.-AB

Impact

The provisions outlined in SB 81 will have direct implications on how state agencies handle rulemaking, particularly in times of emergency. By enabling agencies to bypass normal procedural requirements during urgent situations, the bill could facilitate quicker responses to public safety issues. This change is significant as it empowers agencies to act decisively without the delays typically associated with the rule adoption process. However, stakeholders and members of the public will need to remain vigilant to ensure that this power is not misused.

Summary

Senate Bill 81, titled 'OAH Technical Changes,' aims to implement various technical adjustments related to administrative law provisions within the General Statutes of North Carolina, specifically as requested by the Office of Administrative Hearings. The bill outlines how state agencies can adopt emergency rules without adhering to the standard notice or hearing protocols when public interest mandates immediate action due to unforeseen threats to public health or safety. This provision is intended to streamline regulatory processes in urgent situations, allowing faster responses to crises.

Sentiment

The sentiment regarding SB 81 appears to be cautiously supportive among proponents who argue that the bill is necessary for effective government response during emergencies. They contend that the ability to swiftly enact emergency rules can protect public health and safety during critical incidents. However, there are concerns from some quarters about the potential for abuse of expedited rule-making processes, which could lead to arbitrary or insufficiently scrutinized regulations that may lack public input.

Contention

Notable points of contention revolving around SB 81 focus primarily on the balance between expediency and accountability in administrative processes. While supporters emphasize the need for agility in government response during emergencies, critics argue that such changes could erode public trust and oversight if there is insufficient transparency in how these emergency rules are enacted. This tension raises questions about the appropriate limits of government power in emergency situations and the importance of maintaining public input in regulatory processes.

Companion Bills

No companion bills found.

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