North Carolina Administrative Code

26 NCAC 05 .0208 AGENCY RESPONSE TO PUBLIC COMMENT (a) The agency shall address the substance of a public comment as defined in G.S. 150B-21.3A(a)(5). (b) Agencies are not required to respond to the individual but shall include a brief response to the merits of the public comment…

26 NCAC 05 .0209 EXEMPTION FROM THE PERIODIC REVIEW OF EXISTING RULES (a) An agency requesting an exemption from the review pursuant to G.S. 150B-21.3A(d) may make an exemption request for an entire Section, Subchapter, Chapter, or Title of rules if the entire Section, Subchapter…

26 NCAC 05 .0210 AGENCY PRESENTATION TO THE COMMISSION If a representative from the agency does not appear at the meeting when the agency's report is being reviewed and a question regarding the report is raised, then the Commission shall defer the review to a subsequent meeting. …

26 NCAC 05 .0211 Schedule (a) The Commission shall review the report prepared for the identified portion of the Administrative Code pursuant to the schedule found on the OAH website at: https://www.oah.nc.gov/rules-division/periodic-review-and-expiration-existing-rules. (b) All r…

26 NCAC 05 .0212 READOPTIONS (a) When setting a readoption deadline pursuant to G.S. 150B-21.3A(d)(2), an agency that is not a board or commission shall, within 60 days of receipt of the Commission's consultation request, submit to the Commission: (1) written documentation of the…

SECTION .0300 - TEMPORARY RULES FOR rrc rEVIEW 26 NCAC 05 .0301 formatting requirements An agency submitting temporary rules to be reviewed by the Commission shall comply with the requirements in 26 NCAC 02C .0100, .0200, and .0400, which are hereby incorporated by reference, inc…

26 NCAC 05 .0302 TEMPORARY RULEmaking findings of need FORM (a) An agency shall submit a completed typed original Temporary Rulemaking Findings of Need form for each rule when filing a temporary rule for Commission review. The form may be accessed at no cost at www.ncoah.com/rule…

26 NCAC 05 .0303 Filing A TEMPORARY RULE For each temporary rule, the agency shall file the following: (1) an original and two copies of the Temporary Rulemaking Findings of Need form. The original form shall be signed by the agency head or designee, as set forth in Rule .0302 of…

26 NCAC 05 .0304 WAIVER PURSUANT TO G.S. 150B-21.1(a2) (a) Agencies seeking a waiver of the 210-day requirement pursuant to G.S. 150B-21.1(a2) shall submit their request concurrently with the filing of the temporary rule for which the waiver is sought by emailing the request to C…

TITLE 27 - THE NORTH CAROLINA STATE BAR CHAPTER 1 - RULES AND REGULATIONS OF THE NORTH CAROLINA STATE BAR SUBCHAPTER 1A - ORGANIZATION OF THE NORTH CAROLINA STATE BAR SECTION .0100 - FUNCTIONS 27 NCAC 01A .0101 PURPOSE The North Carolina State Bar shall foster the following purpo…

27 NCAC 01A .0102 DIVISION OF WORK (a) To facilitate the work for the accomplishment of the above enumerated purposes, the council may, from time to time, classify such work under appropriate sections and committees, either standing or special, of the North Carolina State Bar. (b…

27 NCAC 01A .0103 COOPERATION WITH LOCAL BAR ASSOCIATION COMMITTEES The sections and committees so appointed may secure the cooperation of like sections and committees of the North Carolina Bar Association and all local bar associations of the state. History Note: Authority G.S. …

27 NCAC 01A .0104 ORGANIZATION OF LOCAL BAR ASSOCIATIONS The council shall encourage and foster the organization of local bar associations. History Note: Authority G.S. 84-23; Readopted Eff. December 8, 1994.

27 NCAC 01A .0105 ANNUAL PROGRAM The council shall provide a suitable program for each annual meeting of the North Carolina State Bar. History Note: Authority G.S. 84-23; Readopted Eff. December 8, 1994.

27 NCAC 01A .0106 Reports Made to Annual Meeting The annual reports of the several committees and boards shall be delivered to the secretary of the North Carolina State Bar before the annual meeting. History Note: Authority G.S. 84-23; Readopted Eff. December 8, 1994; Amended Eff…

SECTION .0200 - MEMBERSHIP - ANNUAL MEMBERSHIP FEES 27 NCAC 01A .0201 Classes of Membership (a) Two Classes of Membership. Members of the North Carolina State Bar shall be divided into two classes: active members and inactive members. (b) Active Member. The active members shall b…

27 NCAC 01A .0202 Register of Members (a) Initial Registration with State Bar. Every member shall register by completing and returning to the North Carolina State Bar a signed registration card containing the following information: (1) name and address; (2) date; (3) date passed …

27 NCAC 01A .0203 ANNUAL MEMBERSHIP FEES; WHEN DUE (a) Amount and Due Date The annual membership fee shall be in the amount determined by the council as provided by law and shall be due and payable to the secretary of the North Carolina State Bar on January 1 of each year. The an…

27 NCAC 01A .0204 Good Standing Definition and Certificates (a) Definition. A lawyer who is an active member of the North Carolina State Bar and who is not subject to a pending administrative or disciplinary suspension or disbarment order or an order of suspension that has been s…

Codifier's Note; The content of Section .0300 Election and Succession of Officers was moved to Section .0400 September 24, 2015. Section .0300 - Permanent Relinquishment of Membership in the State Bar 27 NCAC 01A .0301 Effect of Relinquishment (a) Order of Relinquishment. Pursuan…

27 NCAC 01a .0302 Conditions for Relinquishment A member of the State Bar may petition the council to enter an order of relinquishment. An order of relinquishment shall be granted if the petition demonstrates that the following conditions have been satisfied: (a) Unresolved Compl…

27 ncac 01A .0303 Allegations of Misconduct Received by the State Bar On or After the Date of Relinquishment (a) Post Relinquishment Action by State Bar. Relinquishment is not a bar to the initiation or investigation of allegations of professional misconduct and shall not prevent…

27 NCAC 01A .0304 ELECTIONS (a) A president-elect, vice-president and secretary shall be elected annually by the council at an election to take place at the council meeting held during the annual meeting of the North Carolina State Bar. All elections will be conducted by secret b…

27 NCAC 01A .0305 NOMINATING COMMITTEE (a) There shall be a Nominating Committee appointed to nominate one or more candidates for each of the offices. The Nominating Committee shall be composed of the immediate past president and the five most recent living past presidents who ar…

27 NCAC 01A .0306 VACANCIES AND SUCCESSION (a) If the office of president becomes vacant for any reason, including resignation, death, disqualification, or permanent inability, the president-elect shall become president for the unexpired term and the next term. If the office of t…

27 NCAC 01A .0307 Removal from Office The council may, upon giving due notice and an opportunity to be heard, remove from office any officer found by the council to have a disability or to have engaged in misconduct including misconduct not related to the office. History Note: Au…

Section .0400 - Election, Succession, and Duties of Officers 27 NCAC 01A .0401 Officers (a) The officers of the North Carolina State Bar and the council shall consist of a president, a president-elect, a vice-president, and an immediate past president. These officers shall be dee…

27 NCAC 01A .0402 Eligibility for Office The president, president-elect, and vice-president need not be members of the council at the time of their election. History Note: Authority G.S. 84-22; 84-23; Readopted Eff. December 8, 1994; Amended Eff. September 24, 2015.

27 NCAC 01A .0403 Term of Office (a) The term of each office shall be one year beginning at the conclusion of the annual meeting. Each officer will hold office until a successor is elected and qualified. (b) The president shall assume the office of immediate past president at the…

27 NCAC 01A .0404 Elections (a) A president-elect, vice-president and secretary shall be elected annually by the council at an election to take place at the council meeting held during the annual meeting of the North Carolina State Bar. (b) If there are more than two candidates f…

27 NCAC 01A .0405 Nominating Committee (a) There shall be a Nominating Committee appointed to nominate one or more candidates for each of the offices. The Nominating Committee shall be composed of the immediate past president and the five most recent living past presidents who ar…

27 NCAC 01A .0406 Vacancies and Succession (a) Succession Upon Mid-term Vacancy in Office. Officer vacancies shall be filled as follows: (1) A vacancy in the office of president shall be filled by the president-elect, who shall serve as president for the unexpired term and for th…

27 NCAC 01A .0407 Removal from Office The council may, upon giving due notice and an opportunity to be heard, remove from office any officer found by the council to have a disability or to have engaged in misconduct including misconduct not related to the office. History Note: Au…

27 NCAC 01A .0408 Compensation of Officers The secretary shall receive a salary fixed by the council. All other officers shall serve without compensation except the per diem allowances fixed by stature for members of the council. History Note: Authority G.S. 84-22; 84-23; Readopt…

27 NCAC 01A .0409 PRESIDENT The president shall preside over meetings of the North Carolina State Bar and the council. The president shall sign all resolutions and orders of the council in the capacity of president. The president shall execute, along with the secretary, all contr…

27 NCAC 01A .0410 President-Elect, Vice-President, and Immediate Past President The president-elect, vice-president, and immediate past president will perform all duties prescribed for the office by the council. History Note: Authority G.S. 84-23; Readopted Eff. December 8, 1994;…

27 NCAC 01A .0411 Secretary The secretary shall attend all meetings of the council and of the North Carolina State Bar, and shall record the proceedings of all such meetings. The secretary shall, with the president, president-elect or vice-president, execute all contracts ordered…

27 ncac 01A .0412 EMERGENCY AUTHORITY When prompt action is required due to emergent circumstances and it is not practicable or reasonable to assemble a quorum of the council, the president, in consultation with the officers and counsel, is authorized to act in the name of the St…

SECTION .0500 – MEETINGS OF THE NORTH CAROLINA STATE BAR 27 NCAC 01A .0501 ANNUAL MEETINGS The annual meeting of the North Carolina State Bar shall be held at such time and place within the state of North Carolina as the council may determine. History Note: Authority G.S. 84-23; …

27 NCAC 01A .0502 sPECIAL mEETINGS (a) A special meeting of the North Carolina State Bar may be called to address specific subjects as follows: (1) upon direction of the council; or (2) upon delivery to the secretary of a written request by no fewer than 25% of the active members…

27 NCAC 01A .0503 NOTICE OF mEETINGS (a) Notice of any meeting of the North Carolina State Bar shall be given by the secretary by posting a notice at the State Bar headquarters and on the State Bar website or as otherwise directed by the council. Notice shall also be provided as …

27 NCAC 01A .0504 QUORUM At any annual or special meetings of the North Carolina State Bar those active members of the North Carolina State Bar present shall constitute a quorum. There shall be no voting by proxy or by absentee ballot. History Note: Authority G.S. 84-23; 84-33; R…

27 NCAC 01A .0505 PARLIAMENTARY RULES Proceedings at any meeting of the North Carolina State Bar shall be governed by Roberts' Rules of Order. History Note: Authority G.S. 84-23; Readopted Eff. December 8, 1994.

SECTION .0600 – MEETINGS OF THE COUNCIL 27 NCAC 01A .0601 REGULAR MEETINGS Regular meetings of the council shall be held each year in January, April, and July, at such times and places as the council may determine. A regular meeting of the council shall also be held each year in …

27 NCAC 01A .0602 sPECIAL and emergency mEETINGS (a) A special meeting of the council may be called to address specified subjects as follows: (1) by the president in his or her discretion; or (2) by a written request, delivered to the secretary, by eight councilors setting forth …

27 NCAC 01A .0603 NOTICE OF mEETINGS (a) Notice of any regular meeting of the council will be given by the secretary by posting a notice at the State Bar headquarters and on the State Bar website or as otherwise directed by the council. Notice of any regular meeting will also be …

27 NCAC 01A .0604 QUORUM At a meeting of the council the presence of 10 councilors shall constitute a quorum. There shall be no voting by proxy or by absentee ballot. History Note: Authority G.S. 84-23; Readopted Effective December 8, 1994; Amendments Approved by the Supreme Cour…

27 NCAC 01A .0605 MANNER OF MEETING OF COUNCIL The council will assemble at the time and place provided in the meeting notice. Attendance at a special or emergency council meeting may be by electronic means such as audio or video conferencing. Attendance at a regular council meet…

27 NCAC 01A .0606 PARLIAMENTARY RULES Proceedings at any meeting of the council shall be governed by Roberts' Rules of Order. History Note: Authority G.S. 84-23; Adopted by the Supreme Court April 5, 2018.

SECTION .0700 – STANDING COMMITTEES OF THE COUNCIL 27 NCAC 01a .0701 STANDING COMMITTEES AND BOARDS (a) Standing Committees. Promptly after his or her election, the president shall appoint members to the standing committees identified below to serve for one year beginning January…