North Carolina Administrative Code
Title 04 - COMMERCE
Chapter 20 - EMPLOYMENT AND TRAINING
Subchapter B - ADMINISTRATIVE PROVISIONS
Section .0700 - STATE JOB TRAINING COORDINATING COUNCIL
Section 20B .0702 - ACTIONS AGAINST THE COUNCIL OR COUNCIL MEMBERS

Universal Citation: 04 NC Admin Code 20B .0702

Current through Register Vol. 39, No. 6, September 16, 2024

(a) All actions against the council or against a council member in his or her capacity as a council member or against a council member in his or her individual capacity alleging misfeasance, malfeasance or nonfeasance in his or her role as a council member shall be brought by filing a complaint in accordance with Subchapter 20C .0002.

(b) Members of the council shall only be liable in the event that the complainant establishes by a preponderance of the evidence that such member(s) engaged in misconduct that constituted fraud. Complaints that fail to allege facts constituting fraud shall be dismissed.

(c) Awards or damages shall be limited to actual losses of the complainant. Council members are not individually liable for any award against the council.

(d) Class action complaints are not permitted, except in extraordinary circumstances.

Authority G.S. 143B-430(b); Ex. O. 93, June 8, 1983; 20 C.F.R. 629.51;
Eff. August 1, 1982;
Amended August 1, 1988; October 1, 1984;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. April 27, 2019.

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