Bill Summary for H 623 (2011-2012)

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Summary date: 

May 25 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 623 (Public) Filed Tuesday, April 5, 2011
TO MODIFY THE PROCEDURES CONCERNING FINAL ADMINISTRATIVE DECISIONS IN CONTESTED CASES HEARD BY THE OFFICE OF ADMINISTRATIVE HEARINGS.
Intro. by McCormick, Stevens, Cleveland, Glazier.

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Bill summary

House amendments make the following changes to 2nd edition.
Amendment #1 amends GS 150B-40(e), adding that the agency may elect to have the administrative law judge make (1) only findings of fact and conclusions of law, (2) findings of fact, conclusions of law, and a recommended decision, or (3) findings of fact, conclusions of law, and a final decision. Specifies when the agency may make its final decision. States that the decision of the administrative law judge is binding on the agency if the agency elects to have the ALJ make findings of fact, conclusions of law, and a final decision. Permits an ALJ to grant judgment on the pleadings or summary judgment, as specified.
Amendment #2 directs the Department of Health and Human Services to request a waiver from the specified single state agency requirement with regard to final decisions in administrative hearings. Lists the components of the waiver application.