State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_143B > GS_143B-301_12

§ 143B‑301.12.  Membership of Commission.

(a)        Appointments. – The Commission shall consist of sevenmembers appointed as follows:

(1)        One member appointed by the General Assembly uponrecommendation of the Speaker of the House of Representatives who, at the timeof appointment, is (i) engaged in well contractor activities, (ii) certified asa well contractor under Article 7A of Chapter 87 of the General Statutes, (iii)engaged primarily in the construction, installation, repair, alteration, orabandonment of domestic water supply wells, and (iv) a resident of a countythat is located east of or is traversed by Interstate 95.

(2)        One member appointed by the General Assembly uponrecommendation of the Speaker of the House of Representatives who, at the timeof appointment, is (i) engaged in well contractor activities, (ii) certified asa well contractor under Article 7A of Chapter 87 of the General Statutes, (iii)engaged primarily in the construction, installation, repair, alteration, orabandonment of domestic water supply wells, and (iv) a resident of a countythat is located wholly west of Interstate 95.

(3)        One member appointed by the General Assembly uponrecommendation of the President Pro Tempore of the Senate who, at the time ofappointment, is (i) engaged in well contractor activities, (ii) certified as awell contractor under Article 7A of Chapter 87 of the General Statutes, and(iii) engaged primarily in the construction, installation, repair, alteration,or abandonment of industrial, municipal, or other large capacity water supplywells.

(4)        One member appointed by the General Assembly uponrecommendation of the President Pro Tempore of the Senate who, at the time ofappointment, is (i) engaged in well contractor activities, (ii) certified as awell contractor under Article 7A of Chapter 87 of the General Statutes, and(iii) engaged primarily in the construction, installation, repair, alteration,or abandonment of nonwater supply wells, such as monitoring or recovery wells.

(5)        One member appointed by the General Assembly uponrecommendation of the Speaker of the House of Representatives who, at the timeof appointment, is (i) employed by a local county health department and (ii)actively engaged in well inspection and permitting.

(6)        One member appointed by the General Assembly uponrecommendation of the President Pro Tempore of the Senate who, at the time ofappointment, is (i) employed by a local county health department and (ii)actively engaged in well inspection and permitting.

(7)        One member appointed by the Governor who is (i) appointedfrom the public at large, (ii) not engaged in well contractor activities, and(iii) not an employee of a firm or corporation engaged in well contractoractivities or a State or county governmental agency.

(b)        Additional Qualifications. – Appointment of members to fillpositions (1), (2), (3), and (4) shall be made from among all those persons whoare recommended for appointment to the Commission by any person who is engagedin well contractor activities and who is certified as a well contractor underArticle 7A of Chapter 87 of the General Statutes. No person shall be appointedto the Commission who is a resident of, or has a principal place of businessin, the same county as another member of the Commission.

(c)        Terms. – Appointments to the Commission shall be for termsof three years. The terms of members appointed to fill positions (1), (2), and(7) shall expire on 30 June of years evenly divisible by three. The terms ofmembers appointed to fill positions (3) and (4) shall expire on 30 June ofyears that follow by one year those years that are evenly divisible by three.The terms of members appointed to fill positions (5) and (6) shall expire on 30June of years that precede by one year those years that are evenly divisible bythree. Members shall serve until their successors are appointed and qualified.No member shall serve more than two consecutive terms.

(d)        Officers. – The Commission shall elect a Chair and a Vice‑Chairfrom among its members. These officers shall serve from the time of theirelection until 30 June of the following year, or until a successor is elected.

(e)        Vacancies. – An appointment to fill a vacancy on theCommission created by the resignation, dismissal, disability, or death of amember shall be for the balance of the unexpired term. Vacancies inappointments made by the General Assembly shall be filled as provided in G.S.120‑122.

(f)         Removal. – The Governor may remove any member of theCommission from office for misfeasance, malfeasance, or nonfeasance, asprovided in G.S. 143B‑13.

(g)        Compensation. – The members of the Commission shall receiveper diem and necessary travel and subsistence expenses in accordance with theprovisions of G.S. 138‑5.

(h)        Quorum. – A majority of the membership of the Commissionconstitutes a quorum for the transaction of business.

(i)         Services. – All clerical and other services required by theCommission shall be supplied by the Secretary. (1997‑358, s. 1; 2002‑165, s. 1.11.)