North Carolina State Board of Education v. StateAnnotate this Case
The General Assembly lawfully delegated authority to the Rules Review Commission (Commission) to review and approve rules adopted by the State Board of Education (Board).
The Board sought a declaratory ruling that the laws requiring the Board to submit its proposed rules and regulations to the statutorily created committee for review were unconstitutional. The trial court allowed summary judgment for the Board. The court of appeals reversed. The Supreme Court affirmed, holding that N.C. Const. art. IX, 5 authorizes the General Assembly to statutorily delegate authority to the Commission to review and approve administrative rules that are proposed by the Board for codification.