Senate committee substitute, reported in on 6/8/11, makes the following changes to 1st edition. Amends proposed GS 150B-19.3(b) to include the Pesticide Board, created pursuant to GS 143-436, as an agency which is authorized to implement and enforce state and federal environmental laws. Deletes requirement that OSBM make final determinations on which recommendations have potential merit and justify action. Amends GS 150B-51(b)(2) to provide a court may reverse or modify a decision if the substantial rights of the petitioners have been prejudiced because the findings, inferences, conclusions, or decisions are in excess of the statutory authority or jurisdiction of the agency or administrative law judge (previously limited to agency). Deletes amendments made to GS 150B-51(c) in previous edition and rewrites the subsection to direct the court to determine whether the petitioner is entitled to the relief sought in the petition based upon its review of the final decision and the official record. Specifies the standard of review by court, based on error asserted.
Provides that, pursuant to federal law, the Department of Health and Human Services must request a waiver from the single state agency requirement contained in 42 § CFR 432.10(e)(3) with regard to final decisions in administrative hearings. Lists information required in the waiver application. Removes provision from GS 150B-4(a) providing that a declaratory ruling is subject to judicial review in the same manner as an order in a contested case, and removes provisions concerning the failure of an agency to issue a declaratory ruling. Creates new subsection (a1) to GS 150B-4 providing for and detailing a procedure by which an agency must respond to a request for a declaratory ruling. Rewrites GS 143-215.108(d1) to provide that all non-Title V permits be issued for a term of eight years (previously ten years). Makes similar change to GS 143-215.1.
Directs the Office of Administrative Hearings to evaluate the use of mediated settlement conferences under GS 150B-23.1 and develop a plan to expand the use of mediation in the contested case process. Provides reporting requirements. Includes severability clause. Repeals SL 2011-13, concerning regulatory requirements that result in substantial additional costs.
Makes other clarifying and technical changes.