130A-38. Dissolution of a district health department.
(a) Whenever the board of commissioners of each county constituting a district health department determines that the district health department is not operating in the best health interests of the respective counties, they may direct that the district health department be dissolved. In addition, whenever a board of commissioners of a county which is a member of a district health department determines that the district health department is not operating in the best health interests of that county, it may withdraw from the district health department. Dissolution of a district health department or withdrawal from the district health department by a county shall be effective only at the end of the fiscal year in which the action of dissolution or withdrawal transpired.
(b) Notwithstanding the provisions of subsection (a), no district health department shall be dissolved without prior written notification to the Department.
(c) Any budgetary surplus available to a district health department at the time of its dissolution shall be distributed to those counties comprising the district on the same pro rata basis that the counties appropriated and contributed funds to the district health department budget during the current fiscal year. Distribution to the counties shall be determined on the basis of an audit of the financial record of the district health department. The district board of health shall select a certified public accountant or an accountant who is subsequently certified by the Local Government Commission to conduct the audit. The audit shall be performed in accordance with G.S. 159-34. The same method of distribution of funds described above shall apply when one or more counties of a district health department withdraw from a district.
(d) Upon dissolution or withdrawal, all rules adopted by a district board of health shall continue in effect until amended or repealed by the new board or boards of health. (1971, c. 858; 1975, c. 396, s. 2; c. 403; 1983, c. 891, s. 2.)
Structure North Carolina General Statutes
North Carolina General Statutes
Article 2 - Local Administration.
§ 130A-34 - Provision of local public health services.
§ 130A-34.1 - Accreditation of local health departments; board established.
§ 130A-34.2 - Billing of Medicaid.
§ 130A-34.3 - Incentive program for public health improvement.
§ 130A-34.4 - Strengthening local public health infrastructure.
§ 130A-35 - County board of health; appointment; terms.
§ 130A-36 - Creation of district health department.
§ 130A-37 - District board of health.
§ 130A-38 - Dissolution of a district health department.
§ 130A-39 - Powers and duties of a local board of health.
§ 130A-40 - Appointment of local health director.
§ 130A-40.1 - Pilot program for nurse as health director.
§ 130A-41 - Powers and duties of local health director.
§ 130A-42 - Personnel records of district health departments.
§ 130A-43 - Consolidated human services agency; board; director.
§ 130A-45 - Title and purpose.
§ 130A-45.02 - Creation of a public health authority.
§ 130A-45.1 - Membership of the public health authority board.
§ 130A-45.2 - Dissolution of a public health authority.
§ 130A-45.3 - Powers and duties of authority board.
§ 130A-45.4 - Appointment of a public health authority director.
§ 130A-45.5 - Powers and duties of a public health authority director.
§ 130A-45.6 - Boundaries of the authority.
§ 130A-45.7 - Medical review committee.
§ 130A-45.8 - Confidentiality of patient information.
§ 130A-45.9 - Confidentiality of personnel information.
§ 130A-45.10 - Confidentiality of credentialing information.
§ 130A-45.11 - Confidentiality of competitive health care information.
§ 130A-47 - Creation by Commission.
§ 130A-48 - Procedure for incorporating district.
§ 130A-50 - Election and terms of office of sanitary district boards.
§ 130A-51 - City governing body acting as sanitary district board.
§ 130A-52 - Special election if election not held in November of 1981.
§ 130A-52.1 - Action if 1983 election not held.
§ 130A-53 - Actions validated.
§ 130A-54 - Vacancy appointments to district boards.
§ 130A-56 - Election of officers; board compensation.
§ 130A-57 - Power to condemn property.
§ 130A-58 - Construction of systems by corporations or individuals.
§ 130A-60 - Consideration of reports and adoption of a plan.
§ 130A-61 - Bonds and notes authorized.
§ 130A-62 - Annual budget; tax levy.
§ 130A-63 - Engineers to provide plans and supervise work; bids.
§ 130A-64 - Service charges and rates.
§ 130A-64.1 - Notice of new or increased charges and rates; public comment period.
§ 130A-66 - Removal of member of board.
§ 130A-67 - Rights-of-way granted.
§ 130A-68 - Returns of elections.
§ 130A-69 - Procedure for extension of district.
§ 130A-70 - District and municipality extending boundaries and corporate limits simultaneously.
§ 130A-71 - Procedure for withdrawing from district.
§ 130A-72 - Dissolution of certain sanitary districts.
§ 130A-74 - Validation of creation of districts.
§ 130A-75 - Validation of extension of boundaries of districts.
§ 130A-76 - Validation of dissolution of districts.
§ 130A-77 - Validation of bonds of districts.
§ 130A-78 - Tax levy for validated bonds.
§ 130A-79 - Validation of appointment or election of members of district boards.
§ 130A-80 - Merger of district with contiguous city or town; election.
§ 130A-80.1 - Merger of district with coterminous city or town; election.
§ 130A-80.3 - Merger of district with contiguous metropolitan water district.
§ 130A-82 - Dissolution of sanitary districts; referendum.
§ 130A-83 - Merger of two contiguous sanitary districts.