NORTH CAROLINA GENERAL ASSEMBLY

1975 SESSION

CHAPTER 721

SENATE BILL 389

AN ACT TO DELETE THE DEPARTMENT OF CORRECTION FROM THE PROVISIONS OF THE ADMINISTRATIVE PROCEDURE ACT AND TO PROVIDE FOR FILING OF DEPARTMENT RULES WITH THE ATTORNEY GENERAL.

The General Assembly of North Carolina enacts:

Section 1.  The second sentence of G.S. 150A-1, as it presently appears in the 1974 Supplement to Volume 3C of the General Statutes of North Carolina, is hereby amended to read as follows:

"The following are specifically exempted from the provisions of this Chapter: the Employment Security Commission; the Industrial Commission; the Occupational Safety and Health Review Board; the Department of Correction; and the Utilities Commission."

Sec. 2.  Article 6, Part 1, of Chapter 143B, as it presently appears in the 1974 Supplement to Volume 3C of the General Statutes of North Carolina, is hereby amended by adding a new Section 143B-261.1 to read as follows:

"The Department of Correction shall adopt rules and regulations related to the conduct, supervision, rights and privileges of persons in its custody or under its supervision. Such rules and regulations shall be filed with and published by the Office of the Attorney General and shall be made available by the department for public inspection. The rules and regulations shall include a description of the organization of the department. A description or copy of all forms and instructions used by the department, except those relating solely to matters of internal management, shall also be filed with the Office of the Attorney General."

Sec. 3.  All laws and clauses of laws in conflict with this act are hereby repealed.

Sec. 4.  This act shall become effective as of February 1, 1976.

In the General Assembly read three times and ratified, this the 23rd day of June, 1975.