§ 96-3. Employment Security Commission.
§ 96‑3. EmploymentSecurity Commission.
(a) Organization. There is hereby created a commission to be known as the Employment SecurityCommission of North Carolina. The Commission shall consist of seven members tobe appointed by the Governor on or before July 1, 1941. The Governor shall havethe power to designate the member of said Commission who shall act as thechairman thereof. The chairman of the Commission shall not engage in any otherbusiness, vocation or employment. Three members of the Commission shall beappointed by the Governor to serve for a term of two years. Three members shallbe appointed to serve for a term of four years, and upon the expiration of therespective terms, the successors of said members shall be appointed for a termof four years each, thereafter, and the member of said Commission designated bythe Governor as chairman shall serve at the pleasure of the Governor. Anymember appointed to fill a vacancy occurring in any of the appointments made bythe Governor prior to the expiration of the term for which his predecessor wasappointed shall be appointed for the remainder of such term. The Governor mayat any time after notice and hearing, remove any Commissioner for grossinefficiency, neglect of duty, malfeasance, misfeasance, or nonfeasance inoffice.
(b) Divisions. TheCommission shall establish two coordinate divisions: the North Carolina StateEmployment Service Division, created pursuant to G.S. 96‑20, and theUnemployment Insurance Division. Each division shall be responsible for thedischarge of its distinctive functions. Each division shall be a separateadministrative unit with respect to personnel and duties, except insofar as theCommission may find that such separation is impracticable. Notwithstanding anyother provision of this Chapter, administrative organization of the agencyshall be in accordance with that which the Commission finds most desirable inorder to perform the duties and functions of the agency.
(c) Salaries. Thechairman of the Employment Security Commission of North Carolina, appointed bythe Governor, shall be paid from the Employment Security Administration Fund asalary payable on a monthly basis, which salary shall be the same as the salaryfixed by the General Assembly in the Current Operations Appropriations Act forthe Secretary of Commerce, and the members of the Commission, other than thechairman, shall each receive the same amount per diem for their services as isprovided for the members of other State boards, commissions, and committees whoreceive compensation for their services as such, including necessary time spentin traveling to and from his place of residence within the State to the placeof meeting while engaged in the discharge of the duties of his office and hisactual traveling expenses, the same to be paid from the aforesaid fund.
(d) Quorum. Thechairman or his designee and three members of the Commission shall constitute aquorum. (Ex.Sess. 1936, c. 1, s. 10; 1941, c. 108, s. 10; c. 279, ss. 1‑3; 1943, c.377, s. 15; 1947, c. 598, s. 1; 1953, c. 401, s. 1; 1957, c. 541, s. 5; 1965,c. 795, s. 1; 1977, c. 727, s. 7; 1979, c. 660, s. 1; 1981, c. 354; 1983, c.717, s. 19; 1983 (Reg. Sess., 1984), c. 1034, s. 164; 1987, c. 103, s. 1; 1996,2nd Ex. Sess., c. 18, s. 28.2(c); 1997‑443, s. 33.3; 2005‑276, ss.29.20A(a), 29.20A(b).)