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NC S29

Bill

Status

Introduced

2/1/2017

Primary Sponsor

Shirley Randleman

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • 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.

  • Allows persons assessed civil penalties to request administrative review within 30 calendar days of penalty assessment or forfeit the right to review.

  • 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.

  • 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.

  • 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

Committee Referrals

Judiciary2/9/2017
Rules and Operations of the Senate2/2/2017

Full Bill Text

No bill text available