§143B-291. (Effective July 31, 2015) North Carolina Mining Commission - members; selection; removal; compensation; quorum; services  


Latest version.
  • (a)        Repealed by 2014-4, s. 5(a), effective July 31, 2015.

    (a1)      Members, Selection. - The North Carolina Mining Commission shall consist of eight members appointed as follows:

    (1)        One member who is the chair of the North Carolina State University Minerals Research Laboratory Advisory Committee.

    (2)        The State Geologist, ex officio and nonvoting.

    (3)        One member appointed by the Governor who is a representative of the mining industry.

    (4)        One member appointed by the Governor who is a representative of the mining industry.

    (5)        One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who is a representative of the mining industry.

    (6)        One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate who is a representative of the mining industry.

    (7)        One member appointed by the General Assembly upon recommendation of the Speaker of the House of Representatives who is a member of nongovernmental conservation interests.

    (8)        One member appointed by the General Assembly upon recommendation of the President Pro Tempore of the Senate who is a member of nongovernmental conservation interests.

    (b)        Terms. - The term of office of a member of the Commission is six years. At the expiration of each member's term, the appointing authority shall replace the member with a new member of like qualifications for a term of six years. The term of the member appointed under subdivision (5) of subsection (a1) of this section shall expire on June 30 of years that precede by one year those years that are evenly divisible by six. The term of members appointed under subdivisions (3) and (6) of subsection (a1) of this section shall expire on June 30 of years that follow by one year those years that are evenly divisible by six. The term of members appointed under subdivisions (4) and (7) of subsection (a1) of this section shall expire on June 30 of years that follow by three years those years that are evenly divisible by six. Upon the expiration of a six-year term, a member may continue to serve until a successor is appointed and duly qualified as provided by G.S. 128-7.

    (c)        Vacancies. - An appointment to fill a vacancy shall be for the unexpired balance of the term.

    (d)        Removal. - The Governor may remove any member of the Commission from office for misfeasance, malfeasance, or nonfeasance in accordance with the provisions of G.S. 143B-13.

    (e)        Compensation. - The members of the Commission shall receive per diem and necessary traveling and subsistence expenses in accordance with the provisions of G.S. 138-5.

    (f)         Quorum. - A majority of the Commission shall constitute a quorum for the transaction of business.

    (g)        Staff. - All clerical and other services required by the Commission shall be supplied by the Secretary of Environment and Natural Resources.

(1973, c. 1262, s. 29; 1977, c. 771, s. 4; 1983, c. 279, s. 2; 1989, c. 727, s. 193; 1989 (Reg. Sess., 1990), c. 944, s. 1; 1991 (Reg. Sess., 1992), c. 1039, s. 16; 1997-443-11A.119(a); 2002-165, s. 1.10; repealed by 2012-143, s. (1)(a), effective August 1, 2012; reenacted by 2014-4, s. 5(a).)