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NC S764
Bill
AI Summary
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Allows persons operating trucks or motor vehicles transporting supplies for farming or forestry operations to seek judicial review of Department of Public Safety civil penalties in district court of the county where the penalty was assessed, rather than only in Wake County Superior Court.
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Permits review within 60 days of the Secretary's decision if the penalty was paid in full within 30 days of the notice of decision.
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District court shall review the Secretary's decision without deference, conduct hearings without a jury, and make findings of fact and conclusions of law.
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Allows district courts to award attorneys' fees to prevailing plaintiffs only upon a showing of bad faith by the Department, with such awards supported by findings of fact and conclusions of law.
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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 Judiciary II. If fav, re-ref to Finance
5/15/2014