North Carolina Administrative Code Title 01 - ADMINISTRATION
NCAC Title 01 – Administration: Overview
What is Title 01?
NCAC Title 01 sets forth the general administrative rules and procedures governing the operation of North Carolina state agencies. It establishes foundational policies on how agencies administer programs, conduct rulemaking, manage hearings, and ensure compliance with state law.
This Title serves as the framework for administrative processes throughout the state government, promoting uniformity, transparency, and due process.
Key Provisions of NCAC Title 01
1. Rulemaking Procedures
Establishes procedures agencies must follow to adopt, amend, or repeal administrative rules.
Includes requirements for:
Public notice of proposed rules,
Opportunity for public comment,
Filing rules with the Secretary of State,
Effective dates of new rules.
Designed to ensure agencies operate transparently and allow stakeholder input.
2. Hearings and Appeals
Sets standards for formal and informal hearings conducted by agencies.
Provides the right to notice, representation, and an impartial hearing officer.
Details procedures for submitting evidence, cross-examination, and decision issuance.
Establishes timelines for appeals and judicial review.
3. Agency Operations
Addresses internal agency functions such as recordkeeping, reporting, and personnel conduct.
Specifies how agencies interact with the public and other government entities.
Includes confidentiality provisions and access to public records rules.
4. Enforcement and Compliance
Provides authority for agencies to conduct investigations and enforce administrative laws.
Establishes processes for issuing subpoenas, imposing fines, and other enforcement actions.
Ensures due process rights during enforcement proceedings.
5. General Definitions
Defines common terms used in administrative law across North Carolina agencies to promote clarity and consistency.
Relevant Case Law Illustrations
While Title 01 governs broad administrative procedures, courts have frequently interpreted its provisions in disputes involving agency actions.
Here are some hypothetical case law examples that illustrate important legal principles related to Title 01:
Case 1: State v. Agency X (Rulemaking Challenge)
Facts: Agency X adopted a new administrative rule without adequate public notice or an opportunity for comment.
Issue: Whether the rule was valid under Title 01’s rulemaking procedures.
Holding: The court invalidated the rule, emphasizing that Title 01 requires proper notice and comment to uphold the principles of transparency and public participation.
Significance: Agencies must strictly follow procedural requirements during rulemaking to avoid invalidation.
Case 2: Jones v. Department of Health and Human Services
Facts: Jones was denied a license renewal without a hearing.
Issue: Did Title 01 require a formal hearing before license denial?
Holding: The court ruled in favor of Jones, noting that Title 01 guarantees the right to a hearing before adverse agency action affecting a license.
Significance: Confirms that agencies must provide due process, including hearings, in license-related matters.
Case 3: Smith v. Environmental Commission
Facts: Smith challenged an enforcement fine imposed without proper notice or an opportunity to present evidence.
Issue: Whether the agency’s enforcement action complied with Title 01 requirements.
Holding: The fine was overturned because the agency failed to follow required procedures for notice and hearing.
Significance: Reinforces that enforcement actions must comply with procedural safeguards under Title 01.
Summary Table
| Aspect | Description |
|---|---|
| Rulemaking | Public notice, comment, filing, effective dates |
| Hearings | Notice, right to counsel, impartial hearing, evidence rules |
| Agency Operations | Recordkeeping, public access, confidentiality |
| Enforcement | Investigations, subpoenas, fines, due process |
| Due Process | Essential for license actions, enforcement, adjudications |
Conclusion
NCAC Title 01 is foundational for the functioning of North Carolina’s administrative agencies. It ensures agencies act with transparency, fairness, and accountability when making rules, conducting hearings, and enforcing laws.
The case law examples show that courts enforce strict compliance with Title 01’s procedures to protect individuals’ rights and maintain the integrity of administrative governance.
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