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Information About the NCVMB
THE NORTH CAROLINA VETERINARY MEDICAL
BOARD WWW.NCVMB.ORG (ncvmb@attglobal.net)
formerly the North Carolina Board of Veterinary
Medical Examiners (1903-1961) was created by Article 11 of Chapter 90 of the General Statutes, G.S. §§ 90-179 through 90-187.5.
"In order to promote the public health, safety and welfare by safeguarding the people of this State against unqualified or incompetent practitioners of veterinary medicine, it is hereby declared that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of the personal and professional qualifications specified in this Article." (G.S. 90-179, Purpose of Article).
Among other powers, the Board is authorized to establish the criteria for licensing veterinarians in this state; to issue, renew, deny, suspend or revoke veterinary licenses; to investigate and punish violations of the Veterinary Practice Act; and to inspect all facilities in which veterinary services are dispensed. G.S. §§ 90-185 and 90-187.
The NCVMB is comprised of eight appointed members. Complementing the
Board are its executive director, assistants to the executive director, attorneys,
facilities inspectors and investigator.
The NCVMB receives no tax funds. Instead, it is statutorily permitted
to collect moneys from those it regulates veterinarians and registered
veterinary technicians and to spend those revenues to regulate the
practice of veterinary medicine for the State. However, these moneys are state
funds per G.S. § 143-1 and as such are governed by the laws of the State
of North Carolina.
Although a State regulatory and occupational licensing board, the NCVMB is
an "independent agency". This is despite its existence, duties and
responsibilities being mandated by the State
The North Carolina Veterinary Practice Act prescribes the rules, regulations
and statutes governing the NCVMB and the practice of veterinary medicine in
North Carolina. View information
about the N.C. Veterinary Practice Act.
The NCVMB should not be confused with the NCVMA North Carolina Veterinary
Medical Association. The NCVMA is a professional/trade organization that represents
the interests of veterinarians. Both are located at 1611 Jones Franklin Road,
Raleigh, NC the NCVMB is in suite 106; the NCVMA is in suite 108. Only
the NCVMB has the authority to discipline licenses of veterinarians, registered
veterinary technicians and others.
According to the minutes of the July 11, 2008 NCVMB meeting, the Board unanimously passed a motion to establish a new
administrative policy for the Executive Director to process complaints more
efficiently by limiting the initial complaint and doctor's response to five
typed pages and the client's reply to the doctor's response to one page. View
the NCVMB's summary page on filing a consumer complaint.
Information about complaints and disciplinary actions date back to 1903. The
entire complaint files are public record and can be obtained from the North
Carolina Veterinary Medical Board for a fee.
| 2011 - 2012 NCVMB MEETINGS | ||||
| See http://www.ncvmb.org/assets/History.htm for potential revisions. | ||||
January 28, 2011 |
April 1, 2011 |
June 10, 2011 |
August 11, 2011 |
November 3, 2011 |
February 3, 2012 |
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| CURRENT BOARD MEMBERS AND STAFF - OFFICERS FOR THE YEAR JULY 1, 2011 THROUGH JUNE 30, 2012 | |||
| See also: www.ncvmb.org/assets/Board.htm and www.ncvmb.org/assets/Staff.htm | |||
| J. Linwood Jernigan, DVM | President | Appointed 2002 - 2012 | Summerfield |
| Richard W. Hawkins, DVM | Vice-President | Appointed 2003 - 2013 | Durham |
| Damte R. Martin, DVM | Secretary-Treasurer | Appointed 2005 - 2014 | Jacksonville |
| Dwight E. Cochran, DVM | Member | Appointed 2011 - 2016 | Apex |
| Kim D. Gemeinhardt, DVM | Member | Appointed 2010 - 2015 | Germantown |
| David T. Marshall, DVM | Member | Appointed 2000 - revolving | Raleigh |
| Mrs. Katie Owen Morgan | Public Member | Appointed 2008 - 2011 | Lillington |
| Nancy K. Robinson, RVT | Member | Appointed 2003 - 2011 | Sanford |
| Mr. Thomas M. Mickey | Executive Director, tmickey@attglobal.net, tmickey@ncvmb.org | ||
| Ms. Crystal D. Bulla | Complaint Coordinator | ||
| Stephanie | Practice Facility Coordinator | ||
| Ms. Janice A. Schoew | Licensing Coordinator | ||
| Benjamin J. Turner, DVM | Practice Facilities Inspector and former Board Member | ||
| Timothy T. Emery, DVM | Practice Facilities Inspector | ||
| Mr. Kenneth Wheeler | Board Investigator | ||
| Mr. George G. Hearn | Board Attorney - Johnson, Hearn, Vinegar, Gee & Glass, PLLC | ||
| Mr. P. Lee Craven, III | Board Attorney - Johnson, Hearn, Vinegar, Gee & Glass, PLLC | ||
| PAST BOARD MEMBERS SINCE 1995 * Resigned | ||
| Mitchell K. Barnes, DVM | ???? - 1995 | Hampstead |
| E. Clinton Lowry, DVM | ???? - 1995 | Gastonia |
| George C. Edwards, DVM | ???? - 2000 | Raleigh |
| Mrs. Nellie P. Jones - Public Member | 1991 - 2001 | Winston-Salem |
| David E. Brooks, DVM | 1992 - 2002 | Pembroke |
| Ms. Rebecca A. Bruton - Public Member* | 2002 - 2003 | Surf City |
| Joseph K. Gordon, DVM | 1993 - 2003 | Raleigh |
| Kenneth R. Padgett, DVM | 1994 - 2005 | Jacksonville |
| Herbert A. Justus, DVM | 1995 - 2005 | Saluda |
| Amy J. Lewis, DVM | 1996 - 2007 | Raleigh |
| Ms. Amy J. Edwards - Public Member* | 2003 - 2008 | Raleigh |
| Susan K. Bull, DVM | 2005 - 2010 | Waynesville |
| Michael G. Davidson, DVM | 2006 - 2011 | Raleigh |
| NCVMB ANNUAL REPORTS Provided as a public service of aligus.com | ||||
N.C.G.S. § 93B-2 was rewritten and signed into law July 10, 2006 requiring occupational licensing boards to annually file certain information with the Secretary of State, Attorney General, and the Joint Legislative Administrative Procedure Oversight Committee. The annual report mandated in N.C.G.S. § 93B-2(a) and the annual financial statement in N.C.G.S. § 93B-2(b) shall be filed no later than October 31 for each year. The reports are open to public inspection per N.C.G.S. § 93B-2(c). |
||||
| See also: Revenues and Expenditures for 1994 - 2010 | ||||
| MINUTES OF THE NCVMB Provided as a public service of aligus.com | |||||
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| DISPOSITION OF COMPLAINTS — Data derived from the Minutes of the NCVMB |
||||||||||||
Dismissed/
|
Letter of
|
Letter of
|
Fine* |
CE |
Suspend |
Revoke/
|
Hearing
|
Hearing |
Consent Order |
Continued |
Changed** |
|
1995 |
25 |
9 |
4 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
1996 |
26 |
9 |
5 |
- |
- |
- |
- |
- |
1 |
- |
4 |
- |
1997 |
36 |
13 |
6 |
1 |
- |
- |
- |
- |
- |
1 |
2 |
2 |
1998 |
22 |
9 |
10 |
5 |
- |
- |
- |
- |
- |
- |
1 |
- |
1999 |
29 |
12 |
4 |
2 |
1 |
1 |
- |
3 |
- |
2 |
0 |
. |
2000 |
32 |
13 |
5 |
- |
- |
- |
- |
- |
- |
2 |
4 |
- |
2001 |
25 |
13 |
12 |
3 |
- |
- |
- |
3 |
1 |
3 |
1 |
- |
2002 |
27 |
18 |
12 |
7 |
5 |
- |
- |
- |
2 |
1 |
- |
|
2003 |
33 |
9 |
18 |
7 |
1 |
1 |
- |
1 |
1 |
2 |
1 |
2 |
2004 |
34 |
18 |
12 |
9 |
7 |
1 |
- |
- |
- |
- |
2 |
2 |
2005 |
37 |
23 |
16 |
11 |
4 |
- |
- |
- |
- |
- |
1 |
5 |
2006 |
48 |
20 |
6 |
- |
- |
- |
- |
- |
6 |
2 |
||
2007 |
38 |
12 |
9 |
4 |
3 |
- |
- |
- |
- |
3 |
2 |
4 |
2008 |
40 |
12 |
10 |
1 |
- |
- |
- |
- |
- |
- |
1 |
4 |
| 2009 | 28 |
16 |
5 |
2 |
1 |
- |
- |
1 |
- |
2 |
1 |
3 |
| 2010 | 42 |
18 |
9 |
3 |
- |
- |
- |
3 |
1± |
- |
- |
1 |
| 2011 | 16 |
6 |
4 |
- |
- |
- |
2‡¥ |
2 |
- |
3‡¥¬ |
1 |
3 |
As reported through the August 11, 2011
Minutes ‡ [From the 1-28-2011 NCVMB Minutes] "2010057-6 Rachel Susan Easterly, DVM - NCVMB | The Committee found probable cause of violation of the Veterinary Practice Act. The Committee recommends that the case be resolved with a Consent Order that would indefinitely suspend her veterinary license and she would be given an opportunity to appear before the Committee for possible modification of the Consent Order when she is released from incarceration." [From the 4-1-2011 NCVMB Minutes] "2010057-6 Rachel Susan Easterly, DVM - NCVMB | Previously the Committee found probable cause of violation by Dr. Easterly of the Veterinary Practice Act and Board Rules and reported to the Board in January a recommendation that the case be resolved with a Consent Order indefinitely suspending her license, provided that, upon her release from incarceration, she would be given the opportunity to appear before the Committee and the Committee might consider modification of the Order. The Committee thereafter received additional information and on April 1 reconsidered its recommendation. It now proposes that she be offered a Consent Order that would revoke her license because of an additional apparent statutory and rule violations." ¥ [From the 1-28-2011 NCVMB Minutes ] "2010058-6 Richard E. Keeton, DVM - NCVMB | The Committee found probable cause of violation of the Veterinary Practice Act. The Committee recommends that the case be resolved with a Consent Order that would revoke his veterinary license. [From the 4-1-2001 NCVMB Minutes] "2010058-6 Richard E. Keeton, DVM - NCVMB | The Committee presented to the Board the Consent Order signed by Dr. Keeton through which he voluntarily surrenders his veterinary license. Dr. Davidson made a motion, seconded by Dr. Hawkins, that the Board approve the Order and authorize the Executive Director to sign it on behalf of the Board. The motion passed unanimously." ¬ [From the 4-1-2011 NCVMB Minutes] "2010055-9 David Alan Conde, DVM - (West Hills Veterinary Centre, Inc.) - Ms. Mary E. Edwards | Probable cause found; propose Consent Order." |
||||||||||||
| * FINES ISSUED — Data derived from the Minutes of the NCVMB |
||||||||||
$250 |
$300 | $500 |
$600 |
$750 |
$1000 |
$1200 |
$2500 | $3000 |
$5000 |
|
1995 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
1996 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
1997 |
- |
- |
- |
- |
- |
- |
- |
1 |
- |
|
1998 |
- |
- |
3 |
- |
2 |
- |
- |
- |
- |
|
1999 |
- |
- |
- |
- |
1 |
1 |
- |
- |
- |
|
2000 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
2001 |
- |
- |
- |
1 |
1 |
- |
- |
1 |
- |
|
2002 |
- |
- |
5 |
- |
- |
- |
1 |
- |
- |
|
2003 |
- |
1 |
4 |
- |
- |
- |
- |
- |
2 |
|
2004 |
- |
- |
8 |
- |
1 |
- |
- |
- |
- |
|
2005 |
1 |
- |
8 |
- |
3 |
- |
- |
- |
- |
|
2006 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
|
2007 |
- |
- |
2 |
- |
1 |
- |
- |
- |
- |
- |
2008 |
- |
- |
- |
- |
- |
1 |
- |
- |
- |
- |
| 2009 | 2 |
- |
- |
- |
- |
- |
- |
- |
- |
- |
| 2010 | - |
1 |
1 |
- |
- |
- |
- |
1 |
- |
- |
| 2011 | - |
- |
- |
- |
- |
- |
- |
- |
- |
- |
| As reported through the August 11, 2011 Minutes | ||||||||||
| ** CHANGED, ETC. DISCIPLINARY ACTIONS — From the Minutes of the NCVMB
1995-2011 |
||
| 96017-1-7 | 1-24-1997 | The Committee reviewed this case at the last meeting (10-4-1996) and issued Dr. Benson [Bradley K. Benson] a letter of Reprimand . After meeting with Dr. Benson the Committee determined that a Letter of Reprimand was not warranted. The Committee recommended that a Letter of Caution be issued instead. The full Board agreed with the Committee's decision. |
| 96032-1-1 | 4-25-1997 | Reconsidered from the January 1997 meeting in which Dr. Dowler [John E. Dowler] was to be issued a Letter of Reprimand. After reconsideration the Committee issued a Letter of Caution. |
| 02035-1-7 | 1-22-2003 | A Letter of Caution was issued at a previous Board meeting (11-4-2002). Dr. Goho [Harvey A. Goho]. has since requested reconsideration of the disciplinary action. The case has been continued pending an additional response from Mr. Forshey. |
| 02035-1-7 | 4-4-2003 | Reconsideration requested by Dr. Goho. Following a review the Committee determined that its previous decision (11-4-2002) to issue a Letter of Caution should stand. |
| 01023-2-1 | 6-18-2003 | Kevin A. Monce, D.V.M. (Complaint by the Board) - This complaint has been previously closed by issuing a Letter of Caution (11-1-2001). Following the review of additional information the Committee made a determination to issue a second disciplinary action, Letter of Reprimand. |
| 02045-1-7 | 11-6-2003 | Bruce Simmons, D.V.M. - The Board discussed possible hearing dates of January 21, 22, or 23. No further action was taken. |
| 02045-1-7 | 6-24-2004 | Following receipt of new information from Dr. Simmons [Bruce Simmons] the Committee recommended that the previous decision to issue a Letter of Reprimand (4-4-2003 Letter of Reprimand and $5000 civil monetary penalty) be rescinded and instead a Letter of Caution be issued. |
| 01023-2-1 | 6-24-2004 | The Committee on Investigations No. 1 recommended that a Letter of Reprimand previously issued (6-18-2003) to Kevin Arthur Monce, D.V.M. to resolve complaint no. 01023-2-1 be retracted as the result of new information. |
04040-2-1
|
1-14-2005 | The Board discussed issues relating to practice owners, not individuals, partnerships or corporations. Following discussion. Committee No. 7 recommended to the Board that the disciplinary decisions of November 4, 2004 against Fernando Cardenas, DVM, complaint no. 04047-2-7 (Letter of Reprimand, $500.00 civil monetary penalty, 20 additional hours of continuing education), and Benjamin L. Jones, DVM, complaint no. 04040-2-1 (Letter of Reprimand, $500.00 civil monetary penalty, 20 additional hours of continuing education), be dismissed. |
| 04045-2-7 | 4-8-2005 | Larry K. Watts, DVM (Complaint by the Board) -The Committee reconsidered it previous decision (11-4-2004) to issue a Letter of Reprimand and Civil Monetary Penalty ($500.00) [sic 11/4/2004 Minutes also state 20 additional hours of continuing education]. The Committee recommends that a Letter of Caution be issued instead. The Board will initiate a complaint on the facts of the complaint against the former co-owner of the practice, James P. Cartner, D.V.M. |
| 02054-2-8 | 4-8-2005 | Robert Jeffrey Krawcczyk, DVM and Jeffrey D. Courville, DVM (Complaint by the Board) - The Committee reconsidered its previous decision to issue a letter of reprimand (11-6-2003). Following reconsideration the Committee recommended that a letter of caution be issued. |
| 04062-1-1 | 6-20-2005 | The Committee reconsidered its previous decision to issue Dr. Manino [Paul Martin Manino] a letter of caution (4-8-2005), and upon reconsideration, changed its decision to a finding of no probable cause. The original decision with respect to Dr. Concannon [Kevin Thomas Concannon] , to dismiss upon a finding of no probable cause, remains the same. |
| 05030-1-7 | 11-3-2005
1-13-2006 |
The Committee previously decided at its last
meeting (8-26-05) to dismiss the case against Dr. Wheeler [Melissa Jean
Wheeler] with a finding of no probable cause and to issue a letter of reprimand
against Dr. Barker [Timothy F. Barker] [sic - 8-26-05 Minutes state letter
of caution]. The Committee reached a decision to withdraw both decisions
and to continue the case until its next meeting. The portion of the complaint against Dr. Barker is dismissed. Dr. Wheeler is to receive a letter of caution. |
| 05039-1-7 | 11-2-2006 | Dennis Kay Johnson, D.V.M. - The Committee reconsidered its previous decision (11-3-2005) to issue a letter of reprimand and civil monetary penalty ($500.00.) The decision is to issue a letter of caution. |
| 2006019-2 | 11-2-2006 | Joel M. Barden, Jr., D.V.M. - The Committee reconsidered its previous decision (8-18-2006) to issue a letter of reprimand and civil monetary penalty ($750.00). The decision is to issue a letter of caution. |
| 2005061-7 | 3-30-2007 | Dennis Kay Johnson, D.V.M. - The Committee reconsidered its previous decision (3-31-2006) to issue a letter of caution and instead dismissed the complaint with a finding of no probable cause. |
| 2005055-7 | 3-30-2007 | In response to Dr. Dienhart's [Gerald Bruce Dienhart] request for a Administrative Hearing, the Committee reconsidered its previous decision (1-13-2006) to issue a letter of reprimand. Following its review the Committee's decision is to not change its decision to issue a letter of reprimand. The disciplinary letter will be re-issued with clarifying language. |
| 05035-1-7 | 3-30-2007 | Mr. Hearn reported that Dennis Kay Johnson, DVM has withdrawn his request for an Administrative Hearing concerning the complaint, 05035-1-7, filed against him. He had agreed to enter into a consent order. The disciplinary action will be a letter of reprimand and $500.00 civil monetary penalty [note: instead of a letter of reprimand and $1,000 civil monetary penalty voted on 11-3-2005]. |
| 2006071-2 | 11-1-2007 | Richard L. Cotton, D.V.M. The Committee reconsidered its previous decision to issue a letter of caution [voted on 3-30-2007] and determined that the complaint should be dismissed with a finding of no probable cause. |
| 2007003-5 | 2-8-2008 | Steven A. Walker, DVM. The committee reconsidered its previous decision [6-28-2007] to dismiss the complaint. Following reconsideration, the committee issued a disciplinary action, a letter of caution. |
| 2006020-2 | 4-11-2008 | Susan Michele Rohrer, D.V.M. (complaint of the Ms. Mary V. Diemer) - At the request of Dr. Rohrer the committee reconsidered its previous decision of issue a letter of reprimand [voted on 8-24-07; the 8-24-07 Minutes also reported a $1000 civil monetary penalty in addition to the Letter of Reprimand]. Following the reconsideration, the committee dismissed the complaint with a finding of no probable cause. |
| 2007014-2 | 4-11-2008 | Ruston Wayne Howell, D.V.M. (complaint of the Mr. Scudday W. Sullivan) - At the request of Dr. Howell the committee reconsidered its previous decision of issue a letter of reprimand. Following the reconsideration, the committee dismissed the complaint with a finding of no probable cause. [NOTE: the June 28, 2007 Minutes state: "2007014-2 Robert Christian Ford, D.V.M. & Ruston Wayne Howell, D.V.M. (complaint of Mr. Scudday W. Sullivan) - The portion of the complaint against Dr. Howell is dismissed, with a finding of no probable cause. The portion of the complaint against Dr. Ford is disciplinary, with a finding of a letter of reprimand."] |
| 2007026-2 | 7-11-2008 | Trenna Luise ManWarren, DVM (complaint of the Board) - The Committee reconsidered its previous decision [11-1-2007] to dismiss the complaint and instead [recommended] a letter of caution. |
| 2008013-5 | 1-23-2009 | Stanislaw Naruszewicz, LW & Matthew Kurtz Wendelken, DVM (complaint of Ms. Caroline Cameron) - The Committee reconsidered the previous decision to dismiss the complaint with a finding of no probable cause. The Committee dismissed the portion of the complaint against Dr. Wendelken and issued a letter of caution to Dr. Naruszewicz. |
| 2008031-5 | 1-23-2009 | Stanley Kent Robinson, DVM (complaint of Ms. Stacie Linnette Rash) - The Committee reconsidered the previous decision to issue a letter of caution and instead issued a letter of reprimand. |
| 2008048-2 [sic] [2008024-2 per 11/5&6/08 Minutes] |
3- 19&20-2009 | George R. Silver, Jr. DVM (complaint of Ms, Eileen L. Kerlin) - The Committee, at the request of legal counsel, reconsidered its previous decision to issue a letter of caution. The Committee then found a finding of probable cause and dismissed the complaint [sic]. |
| 2009038-5 | 11- 3&4 -2010 | Amanda Ardente, DVM & Rae Hutchins, DVM (NCSU, CVM) - Mr. & Mrs. George Michaels | Dr. Ardente, Dismissed - no probable cause (reconsidered); Dr. Hutchins, Letter of Caution (reaffirmed). [Note: the 4-16-2010 NCVMB Minutes state: "2009038-5 Amanda Ardente, DVM and Rae Hutchins, DVM (NCSU CVM) - Mr. and Mrs. George Michaels | Letter of Caution."] |
| 2010033-5 | 1-28-2011 | James Buck Clark, DVM - Mr. & Mrs. Michael Williams | Upon reconsideration Dismissed, no probable cause. [Note: the 8- 24&25 - 2010 NCVMB Minutes state: "2010033-5 James Buck Clark, DVM - Mr. & Mrs. Michael Williams | Letter of Caution." |
| 2010057-6 | 4-1-2011 | Rachel Susan Easterly, DVM - NCVMB | Previously the Committee found probable cause of violation by Dr. Easterly of the Veterinary Practice Act and Board Rules and reported to the Board in January a recommendation that the case be resolved with a Consent Order indefinitely suspending her license, provided that, upon her release from incarceration, she would be given the opportunity to appear before the Committee and the Committee might consider modification of the Order. The Committee thereafter received additional information and on April 1 reconsidered its recommendation. It now proposes that she be offered a Consent Order that would revoke her license because of an additional apparent statutory and rule violations." |
| 2010023-5 | 8-11-2011 | Dennis Kay Johnson, DVM (Greenville Veterinary Hospital) - Ms. Shannon L. Nichoals - The Committee reconsidered its previous decision to issue a letter of reprimand [Note: in the August 24-25, 2010 NCVMB Minutes] and instead voted to issue a letter of caution. |
REGULATORY REFORM ACT OF 2011 |
On July 25, 2011, the Regulatory Reform Act of 2011 became law. It includes changes to N.C. statutes affecting state agencies, boards and commissions. Some new provisions that apply to the North Carolina Veterinary Medical Board (NCVMB) are:
PART I — RULE MAKING - SECTION 2 — Article 2A of Chapter 150B of the General Statutes is amended by
§ 150B-19.1. Requirements for agencies in the rule-making process.
(a) In developing and drafting rules for adoption in accordance with this Article, agencies shall adhere to the following principles:
(1) An agency may adopt only rules that are expressly authorized by federal or State law and that are necessary to serve the public interest.
(2) An agency shall seek to reduce the burden upon those persons or entities who must comply with the rule.
(3) Rules shall be written in a clear and unambiguous manner and must be reasonably necessary to implement or interpret federal or State law.
(4) An agency shall consider the cumulative effect of all rules adopted by the agency related to the specific purpose for which the rule is proposed. The agency shall not adopt a rule that is unnecessary or redundant.
(5) When appropriate, rules shall be based on sound, reasonably available scientific, technical, economic, and other relevant information. Agencies shall include a reference to this information in the notice of text required by G.S. 150B-21.2(c).
(6) Rules shall be designed to achieve the regulatory objective in a cost-effective and timely manner.
(b) Each agency subject to this Article shall conduct an annual review of its rules to identify existing rules that are unnecessary, unduly burdensome, or inconsistent with the principles set forth in subsection (a) of this section. The agency shall repeal any rule identified by this review.
(c) Each agency subject to this Article shall post on its Web site when the agency submits the notice of text for publication in accordance with G.S. 150B-21.2 all of the following:
(1) The text of a proposed rule.
(2) An explanation of the proposed rule and the reason for the proposed rule.
(3) The federal certification required by subsection (g) of this section.
(4) Instructions on how and where to submit oral or written comments on the proposed rule.
(5) Any fiscal note that has been prepared for the proposed rule.
The agency shall maintain the information in a searchable database and shall periodically update this online information to reflect changes in the proposed rule or the fiscal note prior to adoption.PART I — RULE MAKING — SECTION 5 — G.S. 150B-21.2 reads as rewritten:
"§ 150B-21.2. Procedure for adopting a permanent rule.
(c) Notice of Text. – A notice of the proposed text of a rule must include all of the following:
(1) The text of the proposed rule.
(2) A short explanation of the reason for the proposedrule. rule and a link to the agency's Web site containing the information required by G.S. 150B-19.1(c).
(3) A citation to the law that gives the agency the authority to adopt the rule.
(4) The proposed effective date of the rule.
(5) The date, time, and place of any public hearing scheduled on the rule.
(6) Instructions on how a person may demand a public hearing on a proposed rule if the notice does not schedule a public hearing on the proposed rule and subsection (e) of this section requires the agency to hold a public hearing on the proposed rule when requested to do so.
(7) The period of time during which and the person to whom written comments may be submitted on the proposed rule.PART III — MISCELLANEOUS ISSUES — SECTION 57.
Every State agency, board, commission, or other body with rule-making powers shall deliver to the Joint Select Regulatory Reform Committee of the General Assembly no later than October 1, 2011, a list of all permanent rules adopted by the body that includes for each rule the following information:
(1) Whether the rule is mandated by a federal law or regulation.
(2) If the rule is not mandated by a federal law or regulation, whether there is a federal regulation that is analogous to the rule. For purposes of this subdivision, "analogous" means the federal regulation regulates the same conduct or activity as the State regulation.
(3) If there is a federal statute or regulation analogous to the rule, whether the rule is more stringent than the federal law or regulation.
