Bill Summary for S 36 (2013-2014)

Summary date: 

Mar 13 2013
S.L. 2013-143

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 36 (Public) Filed Thursday, January 31, 2013
A BILL TO BE ENTITLED AN ACT TO MAKE CERTAIN TECHNICAL, CLARIFYING, AND CONFORMING CHANGES TO THE ADMINISTRATIVE PROCEDURE ACT, AS RECOMMENDED BY THE JOINT LEGISLATIVE ADMINISTRATIVE PROCEDURE OVERSIGHT COMMITTEE.
Intro. by Hartsell.

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Bill summary

House amendment makes the following changes to the 2nd edition.

Deletes the requirement that a notice of the proposed text of a rule, which includes a link to the agency's website containing information required by GS 150B-19.1(c), must also include a statement that the procedure by which a person can object to a proposed rule as well as the requirements for subjecting a proposed rule to the legislative review process are available on that website.

Amends GS 150B-19.1(c)(4), providing that agencies subject to this Article must post on its website instructions on how and where to submit oral or written comments on the proposed rule and a description of the procedure by which a person can object to a proposed rule and subject the proposed rule to legislative review.

Amends GS 150B-45(a)(2), regarding final decisions, requiring that to obtain judicial review of a final decision under this article, the person seeking review must file a petition within 30 days after the person is served with a written copy of the decision and for final decisions, other than contested tax cases, the petition for review must be filed in the superior court of the county where the person aggrieved by the administrative decision resides.

The above changes to GS 150B-45(a)(2) are effective October 1, 2013, and apply to petitions for judicial review filed on or after that date. The remainder of the act is effective when the act becomes law.

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