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NC H623

Bill

Status

Engrossed

5/25/2011

Primary Sponsor

George Cleveland

Click for details

Origin

House of Representatives

2011-2012 Session

AI Summary

H 623 Summary

  • Eliminates the requirement for agencies to make final decisions in contested cases, making administrative law judges' decisions final and binding in most cases.

  • Removes the two-step review process where agencies previously reviewed and could modify administrative law judges' recommended decisions; streamlines to single final decision by the administrative law judge.

  • Applies to contested cases under Article 3 of Chapter 150B (Administrative Procedure Act) and agencies subject to the state administrative hearing process, effective January 1, 2012.

  • Maintains limited exceptions for cases where agencies can elect to receive only findings of fact and conclusions of law, or recommended decisions with opportunity to file exceptions, particularly in Article 3A cases.

  • Requires the Department of Health and Human Services to request a federal waiver from Medicaid's single state agency requirement to allow administrative law judges to make final Medicaid decisions without agency review.

Legislative Description

Eliminate Agency Final Decision Authority

Last Action

Ref To Com On Judiciary I

5/31/2011

Committee Referrals

Judiciary I5/31/2011
Judiciary Subcommittee A4/6/2011

Full Bill Text

No bill text available