State lawmakers believe fewer regulations will lead to more jobs.

• Author: Thompson, Bruce
• Position: LAW JOURNAL 2013

Clients seek certainty in the cost of doing business in North Carolina. The more state government can do to establish regulatory consistency, the more business can flourish here. Regulatory reform has been a political theme in North Carolina for many years. Getting rid of overly burdensome rules has long been important to those who seek to ensure that the cost of doing business here is competitive with neighboring states.

The rhetoric around regulatory reform picked up considerably in the 2010 election cycle. That's when Republicans gained control of the General Assembly. When the new legislature convened in early 2011, then-Gov. Beverly Perdue asked the state legislature to repeal 900 rules and regulations her administration viewed as unnecessary or excessive.

During the 2011-12 session, the General Assembly made significant changes to the administrative rule-making and hearing process. These changes make it difficult for agencies to adopt burdensome regulations and also provide opportunities for regulated entities to challenge outdated and costly rules. That session also saw the enactment of legislation that made the Office of Administrative Hearings the final decision-maker in administrative appeals instead of the agency that made the decision in dispute.

In November 2012, the GOP extended its margins considerably in both the House and Senate while also gaining control of the Executive Mansion. Regulatory reform was again a campaign theme. Gov. Pat McCrory, House Speaker Thom Tillis and Senate President Pro Tempore Phil Berger all promised to focus on reforms that would lower the cost of business in North Carolina and make state agencies more customer-friendly.

The Regular Session of the 2013-14 biennium of the General Assembly convened on Jan. 9 to elect officers, adopt rules and organize the session. It adjourned that same day and then reconvened for regular business on Jan. 30. In the interim, Tiflis created the House Regulatory Reform Committee and appointed Buncombe County Republican Rep. Tim Moffitt to serve as chairman. According to Moffitt, "[T]he new committee's charge is to help foster a strong environment in North Carolina for private-sector job creation by reviewing existing regulations in the state. The committee will identify those rules which are either outdated, unnecessary, vague or otherwise impose undue burdens on individuals and businesses--and then take appropriate legislative action to either remove or modify them."

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