H992: OAH Staffing Flexibility. Latest Version

2021-2022

House
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
Senate
Passed 1st Reading
Rules



AN ACT TO GIVE THE CHIEF ADMINISTRATIVE LAW JUDGE GREATER FLEXIBILITY IN OFFICE OF ADMINISTRATIVE HEARINGS STAFFING.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 7A‑760 reads as rewritten:

§ 7A‑760.  Number and status of employees; staff assignments; role of State Human Resources Commission.assignments.

(a)        The number of administrative law judges and employees of the Office of Administrative Hearings shall be established by the General Assembly. Subject to the State Budget Act and the North Carolina Human Resources Act and the limitations of appropriations to the Office of Administrative Hearings and G.S. 7A‑751, the Chief Administrative Law Judge may do all of the following:

(1)        Establish or abolish subordinate positions within the Office of Administrative Hearings.

(2)        Make appointments to those subordinate positions.

(3)        Remove persons appointed to those subordinate positions.

(4)        Transfer employees between subordinate positions.

(5)        Change the duties, titles, and compensation of existing subordinate positions.

(a1)      The Chief Administrative Law Judge and five employees of the Office of Administrative Hearings as designated by the Chief Administrative Law Judge are exempt from provisions of the North Carolina Human Resources Act as provided by G.S. 126‑5(c1)(27). All other employees of the Office of Administrative Hearings are subject to the North Carolina Human Resources Act.

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SECTION 2.  This act is effective when it becomes law.