2005 North Carolina Code - General Statutes § 58-89A-10. North Carolina Professional Employer Organization Advisory Council.

§ 58‑89A‑10.  North Carolina Professional Employer Organization Advisory Council.

(a)       There is created the North Carolina Professional Employer Organization Advisory Council to advise, consult with, and make recommendations to the Commissioner on the regulation of professional employer organizations, as requested by the Commissioner. The Council shall consist of 11 members as follows:

(1)       The Commissioner of Insurance or the Commissioner's designee, ex officio.

(2)       The Commissioner of Labor or the Commissioner's designee, ex officio.

(3)       The Chair of the North Carolina Industrial Commission or the Chair's designee, ex officio.

(4)       Two members appointed by the Governor, from a list of five persons recommended by the North Carolina Industrial Commission.

(5)       Two members appointed by the Governor who are not involved directly or indirectly with the professional employer services industry.

(6)       One member of the General Assembly, appointed by the General Assembly in accordance with G.S. 120‑121, upon the recommendation of the President Pro Tempore of the Senate.

(7)       One member appointed by the General Assembly, upon the recommendation of the President Pro Tempore of the Senate, who is a representative of the professional employer services industry and who is involved with a professional employer organization that has 3,000 or more assigned employees.

(8)       One member of the General Assembly, appointed by the General Assembly in accordance with G.S. 120‑121, upon the recommendation of the Speaker of the House of Representatives.

(9)       One member appointed by the General Assembly, upon the recommendation of the Speaker of the House of Representatives, who is a representative of the professional employer services industry and who is involved with a professional employer organization that has less than 3,000 assigned employees.

Initial terms begin January 1, 2005.

(b)       Other than the initial members of the Council and members of the Council serving ex officio, members of the Council shall serve three‑year terms. Initial members of the Council shall serve staggered terms as follows:

(1)       The following initial members shall serve terms of three years:

a.         One member appointed by the Governor from the list recommended by the North Carolina Industrial Commission.

b.         The member of the General Assembly appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate.

c.         One member appointed by the Governor who is not directly involved with the professional employer services industry.

d.         The member appointed by the General Assembly upon the recommendation of the House of Representatives who is involved with a professional employer organization.

(2)       The following initial members shall serve terms of two years:

a.         One member appointed by the Governor from the list recommended by the North Carolina Industrial Commission.

b.         The member of the General Assembly appointed by the General Assembly upon the recommendation of the Speaker of the House of Representatives.

c.         One member appointed by the Governor who is not directly or indirectly involved in the professional employer services industry.

d.         The member appointed by the General Assembly upon the recommendation of the President Pro Tempore of the Senate who is involved with a professional employer organization.

(c)       The Commissioner of Insurance shall serve as chair of the Council and shall call all meetings of the Council.

(d)       The Governor may remove any member of the Council appointed by the Governor for misconduct, incompetence, or neglect of duty. The General Assembly may remove any member appointed by it for the same reasons. The appointing authority making the original appointment shall appoint successors.

(e)       All vacancies occurring on the Council shall be filled, for the unexpired term, by the appointing authority making the original appointment. Vacancies in appointments made by the General Assembly shall be filled in accordance with G.S. 120‑122.

(f)        The Department of Insurance shall furnish the Council with meeting space and clerical and other services required by the Council to conduct its business.

(g)       The members of the Council shall not receive compensation or per diem for their service on the Council. (2004‑162, s. 1.)