AN ACT TO MAKE CERTAIN TECHNICAL, CLARIFYING, AND CONFORMING CHANGES TO THE ADMINISTRATIVE PROCEDURE ACT, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE. Enacted June 19, 2013. Section 4 is effective October 1, 2013. The remainder is effective June 19, 2013.
APA TECHNICAL/CLARIFYING CHGES.
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A BILL TO BE ENTITLED AN ACT TO MAKE CERTAIN TECHNICAL, CLARIFYING, AND CONFORMING CHANGES TO THE ADMINISTRATIVE PROCEDURE ACT, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.Intro. by Hartsell.
Status: Ch. SL 2013-143 (Senate Action) (Jun 19 2013)
Bill History:
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Thu, 31 Jan 2013 Senate: Filed
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Mon, 4 Feb 2013 Senate: Passed 1st Reading
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Mon, 4 Feb 2013 Senate: Ref To Com On Judiciary I
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Thu, 21 Feb 2013 Senate: Reptd Fav
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Mon, 25 Feb 2013 Senate: Passed 2nd Reading
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Mon, 25 Feb 2013 Senate: Passed 3rd Reading
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Tue, 26 Feb 2013 House: Rec From Senate
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Wed, 27 Feb 2013 House: Passed 1st Reading
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Wed, 27 Feb 2013 House: Ref To Com On Judiciary Subcommittee A
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Wed, 6 Mar 2013 House: Reptd Fav Com Substitute
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Wed, 6 Mar 2013 House: Cal Pursuant Rule 36(b)
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Wed, 6 Mar 2013 House: Placed On Cal For 03/07/2013
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Thu, 7 Mar 2013 House: Postponed To 3-13-13
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Wed, 13 Mar 2013 House: Amend Adopted A1
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Wed, 13 Mar 2013 House: Passed 2nd Reading
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Wed, 13 Mar 2013 House: Passed 3rd Reading
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Wed, 13 Mar 2013 House: Ordered Engrossed
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Thu, 14 Mar 2013 Senate: Rec To Concur H Com Sub
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Thu, 14 Mar 2013 Senate: Placed On Cal For 03/19/2013
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Tue, 19 Mar 2013 Senate: Withdrawn From Cal
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Tue, 19 Mar 2013 Senate: Placed On Cal For 03/21/2013
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Thu, 21 Mar 2013 Senate: Failed Concur In H Com Sub
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Wed, 24 Apr 2013 Senate: Conf Com Appointed
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Wed, 24 Apr 2013 House: Conf Com Appointed
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Wed, 5 Jun 2013 Senate: Conf Com Reported
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Wed, 5 Jun 2013 Senate: Placed On Cal For 06/11/2013
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Wed, 5 Jun 2013 House: Conf Com Reported
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Wed, 5 Jun 2013 House: Placed On Cal For 06/06/2013
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Thu, 6 Jun 2013 House: Conf Report Adopted
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Tue, 11 Jun 2013 Senate: Withdrawn From Cal
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Tue, 11 Jun 2013 Senate: Placed On Cal For 06/12/2013
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Wed, 12 Jun 2013 Senate: Conf Report Adopted
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Wed, 12 Jun 2013 Senate: Ordered Enrolled
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Thu, 13 Jun 2013 Ratified
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Thu, 13 Jun 2013 Pres. To Gov. 06/14/2013
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Wed, 19 Jun 2013 Signed by Gov. 6/19/2013
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Wed, 19 Jun 2013 Ch. SL 2013-143
S 36/S.L. 2013-143
Bill Summaries:
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Summary date: Jun 24 2013 - View Summary
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Bill S 36 (2013-2014)Summary date: Jun 5 2013 - View Summary
Conference report makes the following change to the 3rd edition. Amends GS 150B-45(a), which provides the procedure for obtaining judicial review of a final decision under Article 4 of GS Chapter 150B, to provide that a petition for judicial review in the case of a person residing outside of this state must be filed in the county where the contested case which resulted in the final decision was filed.
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Bill S 36 (2013-2014)Summary date: Mar 13 2013 - View Summary
House amendment makes the following changes to the 2nd edition.
Deletes the requirement that a notice of the proposed text of a rule, which includes a link to the agency's website containing information required by GS 150B-19.1(c), must also include a statement that the procedure by which a person can object to a proposed rule as well as the requirements for subjecting a proposed rule to the legislative review process are available on that website.
Amends GS 150B-19.1(c)(4), providing that agencies subject to this Article must post on its website instructions on how and where to submit oral or written comments on the proposed rule and a description of the procedure by which a person can object to a proposed rule and subject the proposed rule to legislative review.
Amends GS 150B-45(a)(2), regarding final decisions, requiring that to obtain judicial review of a final decision under this article, the person seeking review must file a petition within 30 days after the person is served with a written copy of the decision and for final decisions, other than contested tax cases, the petition for review must be filed in the superior court of the county where the person aggrieved by the administrative decision resides.
The above changes to GS 150B-45(a)(2) are effective October 1, 2013, and apply to petitions for judicial review filed on or after that date. The remainder of the act is effective when the act becomes law.
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Bill S 36 (2013-2014)Summary date: Mar 6 2013 - View Summary
House committee substitute makes the following changes to the 1st edition. Amends proposed GS 150B-21.2(c)(2a) to require that a notice of proposed rule text include a link to the agency's website including required information, as well as a statement that the procedure by which a person can object to a proposed rule and the requirements for subjecting a proposed rule to the legislative process are available on that website.
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Bill S 36 (2013-2014)Summary date: Jan 31 2013 - View Summary
Amends GS 150B-21.2(c) and GS 150B-45(a) as the title indicates.
Amends GS 150B-21.7 to clarify that a rule remains in effect until the agency with authority over the rule amends or repeals it when (1) a law that authorizes an agency to adopt a rule is repealed and (2) another law gives the same or another agency substantially the same authority to adopt a rule. Structurally reorganizes the provisions into subsections (a), (b), and (c) and makes conforming changes. Removes requirement that the Director of Fiscal Research must notify the Codifier of Rules when a rule is repealed, and instead requires the adopting agency to so notify.
Deletes the ten-day deadline for the Codifier to submit revisions for the form of a rule.
View: All Summaries for Bill
Identical to H 165, filed 2/27/13.