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. Enacted June 19, 2013. Section 4 is effective October 1, 2013. The remainder is effective June 19, 2013.
Bill Summaries: S36 (2013-2014 Session)
Tracking:
-
Summary date: Jun 24 2013 - View summary
-
Bill S 36 (2013-2014)Summary date: Jun 5 2013 - View summary
Conference report makes the following change to the 3rd edition. Amends GS 150B-45(a), which provides the procedure for obtaining judicial review of a final decision under Article 4 of GS Chapter 150B, to provide that a petition for judicial review in the case of a person residing outside of this state must be filed in the county where the contested case which resulted in the final decision was filed.
-
Bill S 36 (2013-2014)Summary date: Mar 13 2013 - View 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.
-
Bill S 36 (2013-2014)Summary date: Mar 6 2013 - View summary
House committee substitute makes the following changes to the 1st edition. Amends proposed GS 150B-21.2(c)(2a) to require that a notice of proposed rule text include a link to the agency's website including required information, as well as a statement that the procedure by which a person can object to a proposed rule and the requirements for subjecting a proposed rule to the legislative process are available on that website.
-
Bill S 36 (2013-2014)Summary date: Jan 31 2013 - View summary
Amends GS 150B-21.2(c) and GS 150B-45(a) as the title indicates.
Amends GS 150B-21.7 to clarify that a rule remains in effect until the agency with authority over the rule amends or repeals it when (1) a law that authorizes an agency to adopt a rule is repealed and (2) another law gives the same or another agency substantially the same authority to adopt a rule. Structurally reorganizes the provisions into subsections (a), (b), and (c) and makes conforming changes. Removes requirement that the Director of Fiscal Research must notify the Codifier of Rules when a rule is repealed, and instead requires the adopting agency to so notify.
Deletes the ten-day deadline for the Codifier to submit revisions for the form of a rule.