ELIMINATE AGENCY FINAL DECISION AUTHORITY.

View NCGA Bill Details2011-2012 Session
House Bill 623 (Public) Filed Tuesday, April 5, 2011
TO MODIFY THE PROCEDURES CONCERNING FINAL ADMINISTRATIVE DECISIONS IN CONTESTED CASES HEARD BY THE OFFICE OF ADMINISTRATIVE HEARINGS.
Intro. by McCormick, Stevens, Cleveland, Glazier.

Status: Ref To Com On Judiciary I (Senate Action) (May 31 2011)

Bill History:

H 623

Bill Summaries:

  • Summary date: May 25 2011 - More information

    House amendments make the following changes to 2nd edition.
    Amendment #1 amends GS 150B-40(e), adding that the agency may elect to have the administrative law judge make (1) only findings of fact and conclusions of law, (2) findings of fact, conclusions of law, and a recommended decision, or (3) findings of fact, conclusions of law, and a final decision. Specifies when the agency may make its final decision. States that the decision of the administrative law judge is binding on the agency if the agency elects to have the ALJ make findings of fact, conclusions of law, and a final decision. Permits an ALJ to grant judgment on the pleadings or summary judgment, as specified.
    Amendment #2 directs the Department of Health and Human Services to request a waiver from the specified single state agency requirement with regard to final decisions in administrative hearings. Lists the components of the waiver application.


  • Summary date: May 16 2011 - More information

    House committee substitute makes the following changes to 1st edition. Amends GS 150B-51(c) to provide a new standard of review for a superior court reviewing a final decision in a contested case. Directs the court to determine if the decision is supported by substantial admissible evidence in the record. Allows the court to reverse the decision or remand the case to the administrative law judge or the agency, whichever is applicable, for entry of a decision in accordance with the evidence in the official record, if the court determines the decision is not supported by substantial evidence in the record (current standard of judicial review is de novo). Makes conforming changes to various applicable statutes. Repeals GS 126-4.1, 126-14.4(f), and 135-44.7(c). Changes effective date to January 1, 2012 (was, January 1, 2011), and applies to contested cases commenced on or after that date.


  • Summary date: Apr 5 2011 - More information

    Amends GS Chapter 150B to let administrative law judges, rather than agencies, make final decisions in contested cases under Article 3 of the Administrative Procedures Act (APA). If an agency governed by Article 3A requests an administrative law judge to hear the case, that administrative law judge would proceed under Article 3 and would make the final decision. Allows agencies that are parties to contested cases to seek judicial review of final decisions. Allows court orders to compel administrative law judges to make final decisions within 120 days of the close of a contested case hearing. Makes conforming changes so that the record and decision coming from the administrative law judge are directly reviewable by superior court. Effective January 1, 2011, and applicable to contested cases that began on or after that date.


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