Bill Summary for H 623 (2011-2012)

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Summary date: 

May 16 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 committee substitute makes the following changes to 1st edition. Amends GS 150B-51(c) to provide a new standard of review for a superior court reviewing a final decision in a contested case. Directs the court to determine if the decision is supported by substantial admissible evidence in the record. Allows the court to reverse the decision or remand the case to the administrative law judge or the agency, whichever is applicable, for entry of a decision in accordance with the evidence in the official record, if the court determines the decision is not supported by substantial evidence in the record (current standard of judicial review is de novo). Makes conforming changes to various applicable statutes. Repeals GS 126-4.1, 126-14.4(f), and 135-44.7(c). Changes effective date to January 1, 2012 (was, January 1, 2011), and applies to contested cases commenced on or after that date.