Bill Summary for H 991 (2021-2022)

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Summary date: 

May 18 2022

Bill Information:

View NCGA Bill Details2021
House Bill 991 (Public) Filed Wednesday, May 18, 2022
AN ACT TO ALLOW ADMINISTRATIVE LAW JUDGES TO VOID ADMINISTRATIVE RULES.
Intro. by Stevens.

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Bill summary

Amends GS 150B-33, which authorizes an administrative law judge (ALJ) to void an administrative rule as applied in a particular case upon determining that the rule is not within the agency’s statutory authority, is not clear and unambiguous, or is not reasonably necessary to enable the agency to fulfill a duty delegated to it by the NCGA. Eliminates the language limiting the ALJ’s decision to void a rule’s application to a particular case only, thereby authorizing an ALJ to void agency rules entirely if the ALJ makes one of the three determinations described. Applies to decisions issued on or after the date the act becomes law.