GENERAL ASSEMBLY OF NORTH CAROLINA

1997 SESSION

S.L. 1997-35

HOUSE BILL 409

AN ACT CLARIFYING WHERE APPEALS FROM AGRICULTURAL EMPLOYERS WILL BE HEARD.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 95-227 reads as rewritten:

"§ 95-227.  Enforcement.

For the purpose of enforcing the standards provided by this Article, the provisions of G.S. 95-129, G.S. 95-130 and G.S. 95-136 through G.S. 95-142 shall apply under this Article in a similar manner as they apply to places of employment under OSHANC; however, G.S. 95-129(4), 95-130(2) and (6), and 95-137(b)(4) G.S. 95-129(4), 95-130(2), and 95-130(6) do not apply to migrant housing.  For the purposes of this Article, the term:

(1)       'Employer' in G.S. 95-129, G.S. 95-130 and G.S. 95-136 through G.S. 95-142 shall be construed to mean an operator;

(2)       'Employee' shall be construed to mean a migrant; and

(3)       'Director' shall mean the agent designated by the Commissioner to assist in the administration of this Article.

The Commissioner may establish a new division to enforce this Article."

Section 2.  G.S. 150B-1(e) reads as rewritten:

"(e)      Exemptions From Contested Case Provisions. - The contested case provisions of this Chapter apply to all agencies and all proceedings not expressly exempted from the Chapter. The contested case provisions of this Chapter do not apply to the following:

(1)       The Department of Human Resources and the Department of Environment, Health, and Natural Resources in complying with the procedural safeguards mandated by Section 680 of Part H of Public Law 99-457 as amended (Education of the Handicapped Act Amendments of 1986).

(2)       Repealed by Session Laws 1993, c. 501, s. 29.

(3)       The North Carolina Low-Level Radioactive Waste Management Authority in administering the provisions of G.S. 104G-9, 104G-10, and 104G-11.

(4)       The North Carolina Hazardous Waste Management Commission in administering the provisions of G.S. 130B-11, 130B-13, and 130B-14.

(5)       Hearings required pursuant to the Rehabilitation Act of 1973, (Public Law 93-122), as amended and federal regulations promulgated thereunder. G.S. 150B-51(a) is considered a contested case hearing provision that does not apply to these hearings.

(6)       The Department of Revenue.

(7)       The Department of Correction.

(8)       The Department of Transportation, except as provided in G.S. 136-29.

(9)       The Occupational Safety and Health Review Board in all actions that do not involve agricultural employers. Board.

(10)     The North Carolina Global TransPark Authority with respect to the acquisition, construction, operation, or use, including fees or charges, of any portion of a cargo airport complex.

(11)     Hearings that are provided by the Department of Human Resources regarding the eligibility and provision of services for eligible assaultive and violent children, as defined in G.S. 122C-3(13a), shall be conducted pursuant to the provisions outlined in G.S. 122C, Article 4, Part 7."

Section 3.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 14th day of April, 1997.

s/   Dennis A. Wicker

President of the Senate

s/   Harold J. Brubaker

Speaker of the House of Representatives

s/   James B. Hunt, Jr.

Governor

Approved 2:01 p.m. this 23rd day of April, 1997