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Typically organized as part of the executive branch of the government, agencies are sometimes given the power to make law through rule-making and the power to resolve disputes through administrative adjudication, as well as the power to enforce their laws and decisions.
The vast majority of agencies in North Carolina are subject to the North Carolina Administrative Procedure Acts (APA). The North Carolina APA is found in Chapter 150B of the North Carolina General Statutes. Article 2A contains the requirements for rule-making, which include comment and notice before adoption of a permanent rule. Articles 3 and 3A contain the requirements for administrative proceedings.
The types of administrative resources discussed in this guide include:
The following resources may provide useful background information on agency rule-making and decision-making.
The North Carolina Office of Administrative Hearings (NC OAH) provides a general overview of NC's Office of Administrative Hearings and provides many useful links to administrative materials and information.
Rule Making in North Carolina (2005), by Richard B. Whisnant, provides in-depth background on agency rule-making and describes where rules can be found. [KFN7840 .W55 2005]
North Carolina Legal Research (3d ed., 2019), by Brenda D. Gibson, Julie L. Kimbrough, Laura P. Graham & Nichelle J. Perry, provides background on agency rule-making and decision-making functions and describes the best places and processes to find rules and decisions depending on what is known. [KFN7475 .C48 2019]
North Carolina Legal Research Guide (2nd ed., 2009), by Scott Childs & Nick Sexton, provides in-depth background and history on rule-making and describes where to find rules and related documents. Also provides background on decision-making and describes where to find administrative decisions and executive documents. [KFN7475 .K37 2009]
Legal Research in North Carolina (James C. Ray, ed., 2006), by Miriam J. Baer, provides a short background on agency rule-making and decision-making functions, describes where to find rules and decisions, and how to cite to them. [KFN7475 .B34 2006]
