A BILL TO BE ENTITLED AN ACT TO CLARIFY THAT THE STATE BOARD OF EDUCATION IS SUBJECT TO RULE MAKING UNDER THE ADMINISTRATIVE PROCEDURE ACT AND TO PROVIDE A REMEDY WHEN AN AGENCY FAILS TO ACT AS DIRECTED BY STATUTE, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.
Identical to S 781, filed on May 15, 2014.
Amends GS 115C-12 to provide that the State Board of Education (State Board) is subject to Article 2A of GS Chapter 150B, and may not implement or enforce a policy that meets the definition of a rule if the policy has not been adopted as a rule according to Article 2A.
Amends GS 150B-23 to provide that if an agency fails to take any required action within the specified time period, any person whose rights are substantially prejudiced by the failure to act may commence a contested case seeking an order that the agency act. If the judge finds that the agency failed to act as required, the agency may be ordered to take the required action within a specified time period. Makes conforming changes to GS 150B-44.
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