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NC S410
Bill
Status
Introduced
3/29/2023
Primary Sponsor
Timothy Moffitt
Click for details
AI Summary
- Establishes a rebuttable presumption that "person aggrieved" under North Carolina's Administrative Procedure Act includes associations, organizations, societies, or entities collectively representing similarly situated persons
- Allows agencies to rebut the presumption only through specific findings that the collective entity's interests are not substantially similar to the person aggrieved regarding the declaratory ruling sought
- Clarifies that if an agency fails to issue a declaratory ruling within 45 days, the failure is deemed a denial on the merits subject to judicial review
- Prohibits courts from considering any basis for denial that was not presented in writing to the person aggrieved during judicial review of agency failures
- Effective July 1, 2023, applying to declaratory rulings requested on or after that date
Legislative Description
Expand Certain APA Standing Provisions
Civil Procedure; Commerce; Courts; Public; Civil Actions; Ngos
Last Action
Ref To Com On Rules and Operations of the Senate
3/30/2023
Committee Referrals
Rules and Operations of the Senate3/30/2023
Full Bill Text
No bill text available