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NC S482

Bill

Status

Introduced

3/31/2011

Primary Sponsor

Don East

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Authorizes administrative law judges to make final decisions in contested cases under Article 3 of the Administrative Procedure Act, eliminating the requirement that judges submit recommended decisions to agencies for final approval.

  • Removes provisions requiring agencies to review and approve administrative law judge decisions within 60 days, and eliminates automatic adoption of judge decisions if agencies fail to act within time limits.

  • Allows administrative law judges to grant judgment on the pleadings or summary judgment without including findings of fact or conclusions of law when appropriate under court rules.

  • Simplifies judicial review by having courts review administrative law judge decisions directly for substantial evidence support, rather than reviewing de novo when agencies do not adopt judge recommendations.

  • Becomes effective January 1, 2012, and applies only to contested cases commenced on or after that date.

Legislative Description

ALJ Final Decison Authority

Last Action

Ref To Com On Judiciary I

4/4/2011

Committee Referrals

Judiciary I4/4/2011

Full Bill Text

No bill text available