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NC H1187
Bill
Status
5/21/2014
Primary Sponsor
Roger Younts
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AI Summary
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Allows judicial review of civil penalties on motor vehicles imposed by the Department of Public Safety in district court for persons operating trucks or other motor vehicles transporting supplies, material, or equipment for farming or forestry operations.
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Permits these individuals to bring an action for refund of the penalty in the district court of the county where the civil penalty was assessed, rather than requiring review in Wake County Superior Court or the superior court of the county where the penalty was assessed.
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Requires the court to review the Secretary's decision without deference, make findings of fact and conclusions of law, and conduct the hearing without a jury.
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Allows district courts to award attorneys' fees to a prevailing plaintiff only upon a showing of bad faith by the Department, supported by findings of fact and conclusions of law.
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Becomes effective October 1, 2014, and applies to penalties assessed on or after that date.
Legislative Description
Motor Vehicle Civil Penalty/District Court
Last Action
Ref To Com On Judiciary Subcommittee A
5/22/2014