Amends GS 150B-33, which authorizes an administrative law judge (ALJ) to void an administrative rule as applied in a particular case upon determining that the rule is not within the agency’s statutory authority, is not clear and unambiguous, or is not reasonably necessary to enable the agency to fulfill a duty delegated to it by the NCGA. Eliminates the language limiting the ALJ’s decision to void a rule’s application to a particular case only, thereby authorizing an ALJ to void agency rules entirely if the ALJ makes one of the three determinations described. Applies to decisions issued on or after the date the act becomes law.
ALJ AUTHORITY TO VOID RULES.
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View NCGA Bill Details(link is external) | 2021 |
AN ACT TO ALLOW ADMINISTRATIVE LAW JUDGES TO VOID ADMINISTRATIVE RULES.Intro. by Stevens.
Status: Ref to the Com on Judiciary 2, if favorable, Rules, Calendar, and Operations of the House (House action) (May 19 2022)
Bill History:
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Wed, 18 May 2022 House: Filed(link is external)
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Thu, 19 May 2022 House: Passed 1st Reading(link is external)
H 991
Bill Summaries:
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Bill H 991 (2021-2022)Summary date: May 18 2022 - View Summary
View: All Summaries for Bill