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NC S29
Bill
Status
2/1/2017
Primary Sponsor
Shirley Randleman
Click for details
AI Summary
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Changes the appeal process for civil penalties assessed by the Department of Public Safety from an informal departmental review to a contested case proceeding under Article 3 of Chapter 150B of the General Statutes.
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Allows persons assessed civil penalties to request administrative review within 30 calendar days of penalty assessment or forfeit the right to review.
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Establishes that judicial review of final administrative decisions may be filed in Wake County Superior Court or the superior court of the county where the penalty was assessed, in accordance with Article 4 of Chapter 150B.
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Removes the prior requirement that persons pay penalties in full before seeking judicial review and eliminates the automatic deference given to the Secretary's prior decision by courts.
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Becomes effective October 1, 2017, and applies to civil penalties assessed on or after that date.
Legislative Description
ALJ Review of DPS Civil Penalties
Last Action
Re-ref to Judiciary. If fav, re-ref to Rules and Operations of the Senate
2/9/2017