Amends GS 150B-4, which requires an agency to issue a declaratory ruling as to the validity of a rule or as to the applicability of a given state of facts of a statute administered by the agency or of a rule or order of the agency when it is requested by an aggrieved person. Adds that there is a presumption that a person aggrieved includes an association, organization, society, or other entity collectively representing persons similarly situated to a person aggrieved. Allows the presumption to be rebutted by specific findings by the agency that the interests of the collective entity are not substantially similar to the person aggrieved with respect to the declaratory ruling sought. Applies to declaratory rulings requested on or after July 1, 2025.
EXPAND CERTAIN APA STANDING PROVISIONS.
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View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO PROVIDE A REBUTTABLE PRESUMPTION OF STANDING UNDER THE ADMINISTRATIVE PROCEDURE ACT FOR TRADE AND BUSINESS ASSOCIATIONS AND ORGANIZATIONS.Intro. by Moffitt, Overcash, Sawrey.
Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Mar 24 2025)
Bill History:
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Thu, 20 Mar 2025 Senate: Filed(link is external)
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Mon, 24 Mar 2025 Senate: Passed 1st Reading(link is external)
S 380
Bill Summaries:
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Bill S 380 (2025-2026)Summary date: Mar 20 2025 - View Summary
View: All Summaries for Bill