H1164 Summary

• Clarifies that the State Board of Education is subject to the Administrative Procedure Act (Article 2A of Chapter 150B of the General Statutes) for rulemaking.

• Prohibits the State Board of Education from implementing or enforcing any policy that meets the definition of a rule unless it has been formally adopted as a rule in accordance with the Administrative Procedure Act.

• Adds a new remedy allowing any person whose rights are substantially prejudiced by an agency's failure to act within a legally specified timeframe to commence a contested case seeking an order compelling the agency to act as required by law.

• Modifies the judicial intervention provision to specify that unreasonable delay is limited to situations where an administrative law judge or agency fails to make a final decision within 120 days of the close of a contested case hearing.

• Effective upon enactment.