TO AUTHORIZE ADMINISTRATIVE LAW JUDGES TO MAKE FINAL ADMINISTRATIVE DECISIONS IN CONTESTED CASES COMMENCED UNDER ARTICLE 3 OF THE ADMINISTRATIVE PROCEDURE ACT.
Amends GS 150B-23(a) to delete the restriction on when the State Personnel Commission may make final decisions in cases involving local government employees, applicants, or former employees subject to the State Personnel Act. Amends GS 150B-34 to provide that in each contested case the administrative law judge must make a final decision or order containing findings of fact and conclusions of law, and to delete provisions for agencies to make final decisions. Adds new GS 150B-34(e), authorizing an administrative law judge to grant judgment on the pleadings or a motion for summary judgment that disposes of all issues in the contested case, and providing that such an order must contain findings of fact and conclusions of law only to the extent the administrative law judge determines is required or allowed by Rule 12(c) or Rule 56 of the Rules of Civil Procedure. Amends GS 150B-51(c) to provide that a court, in reviewing a final decision in a contested case, must determine whether the decision is supported by substantial admissible evidence in view of the entire record. If the court determines that the decision is not supported by substantial evidence in the record, the court may reverse the decision or remand the case to the administrative law judge if the case was heard under Article 3 of Chapter 150B or to the agency if the case was heard under Article 3A, for entry of a decision in accordance with the evidence in the official records. Makes numerous conforming amendments repeals GS 150B-36 (concerning agency final decisions). Effective January 1, 2012, and applies to contested cases commenced on or after that date.
© 2021 School of Government The University of North Carolina at Chapel Hill
This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.