Bill Summary for S 653 (2011-2012)

Summary date: 

Apr 19 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
Senate Bill 653 (Public) Filed Tuesday, April 19, 2011
TO MODIFY THE PROCEDURES CONCERNING FINAL ADMINISTRATIVE DECISIONS IN CONTESTED CASES HEARD BY THE OFFICE OF ADMINISTRATIVE HEARINGS.
Intro. by Daniel.

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Bill summary

Substantively identical to H 623, filed 4/5/11.

Amends GS Chapter 150B to let administrative law judges, rather than agencies, make final decisions in contested cases under Article 3 of the Administrative Procedures Act (APA). If an agency governed by Article 3A requests an administrative law judge to hear the case, that administrative law judge would proceed under Article 3 and would make the final decision. Allows agencies that are parties to contested cases to seek judicial review of final decisions. Allows court orders to compel administrative law judges to make final decisions within 120 days of the close of a contested case hearing. Makes conforming changes so that the record and decision coming from the administrative law judge are directly reviewable by superior court. Effective January 1, 2011, and applicable to contested cases that began on or after that date.

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