• Summary date: May 21 2014 - More information

    Identical to S 764, filed 5/14/14.

    Enacts new GS 20-178.1(c1), concerning civil penalties imposed by the Department of Public Safety (DPS), providing that a person who was operating a truck or other motor vehicle carrying items for the purpose of carrying out a farming or forestry operation, and has paid the civil penalty as required in GS 20-178.1(b), can bring an action against DPS for refund of the penalty imposed, within 60 days of the decision, in the district court of the county where the civil penalty was assessed.  The court must review the DPS Secretary’s decision but make independent findings of fact and conclusions of law, while not giving deference to the prior decision of the Secretary. The hearing will be conducted by the court without a jury.  Attorneys' fees can be awarded to a successful plaintiff only upon a showing of bad faith by DPS.  Awarded fees must also be supported by the findings of fact and conclusions of law.

    Effective October 1, 2014, applying to penalties assessed on or after that date. 

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