Bill Summary for S 29 (2017-2018)

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Summary date: 

Feb 1 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
Senate Bill 29 (Public) Filed Wednesday, February 1, 2017
AN ACT TO REVISE THE PROCESS BY WHICH A PERSON MAY APPEAL THE ASSESSMENT OF CERTAIN CIVIL PENALTIES BY THE DEPARTMENT OF PUBLIC SAFETY.
Intro. by Randleman.

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Bill summary

Amends GS 20-178.1, which sets forth the process for appealing civil penalties assessed by the Department of Public Safety (DPS) pursuant to GS Chapter 20, Article 3 (Motor Vehicle Act of 1937). Provides that a person may contest liability for a penalty by filing a contested case pursuant to GS Chapter 150B, Article 3, provisions for administrative hearings under the Administrative Procedure Act (previously, such persons could request an informal review by the Secretary of the DPS). Also amends the provisions for judicial review, providing that any person dissatisfied with the result of the administrative hearing can seek judicial review as specified in GS 150B, Article 4, provisions for judicial review under the Administrative Procedure Act. Specifies that notwithstanding GS 150B, Article 4, a petition for judicial review can be filed in Superior Court of Wake County or in the superior court of the county in which the penalty was assessed (previously, persons dissatisfied by the final decision of the Secretary who paid the penalty in full with in 30 days were allowed to bring an action for refund against DPS in superior court). Makes conforming changes. 

Amends GS 20-382.2(b), concerning penalties for failure to comply with vehicle registration or insurance requirements, making conforming changes.

Repeals GS 150B-1(e)(14), which exempted DPS from having to comply with contested case provisions for authorized hearings and appeals under GS 20, Motor Vehicles.

Effective October 1, 2017, applying to civil penalties assessed on or after that date.