Bill Summary for S 410 (2023-2024)

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Summary date: 

Mar 29 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
Senate Bill 410 (Public) Filed Wednesday, March 29, 2023
AN ACT TO PROVIDE A REBUTTABLE PRESUMPTION OF STANDING UNDER THE ADMINISTRATIVE PROCEDURE ACT FOR TRADE AND BUSINESS ASSOCIATIONS AND ORGANIZATIONS.
Intro. by Moffitt, Sawrey, B. Newton.

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Bill summary

Amends GS 150B-4, which requires an agency to issue a declaratory ruling as to the validity of a rule or as to the applicability of a given state of facts of a statute administered by the agency or of a rule or order of the agency when it is requested by an aggrieved person. Adds that there is a presumption that a person aggrieved includes an association, organization, society, or other entity collectively representing persons similarly situated to a person aggrieved. Allows the presumption to be rebutted by specific findings by the agency that the interests of the collective entity are not substantially similar to the person aggrieved with respect to the declaratory ruling sought. Applies to declaratory rulings requested on or after July 1, 2023.