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Should a Local Government Be a HIPAA Hybrid Entity?

April 28, 2015

The federal HIPAA regulations apply directly to certain types of entities and individuals, referred to as “covered entities” and “business associates.” These regulations govern standardization of electronic healthcare transactions and identifiers, as well as the privacy and security of health … Read more

Adoptions and Sperm Donors

April 24, 2015

This post was co-authored by Meredith Smith, Assistant Professor of Public Law and Government, UNC-CH School of Government Since our blog post, Same-Sex Marriage and Adoptions of a Minor by a Stepparent, we have received several inquiries about the role … Read more

Allocating Tax Payments

April 23, 2015

Suppose Billy Blue Devil owes $2,000 in delinquent taxes for 2012, 2013 and 2014. Billy mails the tax office a check for $500 with no note or instructions about what taxes he is paying. What should the tax office do … Read more

Donating Property: Beware of Constitutional Constraints

April 13, 2015

The old school administration building has been renovated and there is furniture and shelving that can be sold as surplus property. A board member has raised the possibility of donating them to the local arts council. She notes that G.S. … Read more

Errors in Deed Certifications

April 10, 2015

About 80 counties have the authority under G.S. 161-31 to require a tax certification before recording a deed.  In counties that have opted into this requirement, the registrar of deeds may not record a deed unless the county tax collector … Read more

Building the Record for a Quasi-Judicial Decision

April 3, 2015

“Every quasi-judicial decision shall be based upon competent, material, and substantial evidence in the record” (NCGS 160A-388(e2)). Without such evidence, the decision is arbitrary and an abuse of the discretion vested in the board (Godfrey v. Zoning Board of Adjustment, … Read more