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NC S444

Bill

Status

Introduced

3/30/2023

Primary Sponsor

Timothy Moffitt

Click for details

Origin

Senate

2023-2024 Session

AI Summary

  • Creates judicial review rights for persons aggrieved by agency determinations involving funding assistance claims under G.S. 133-14, after exhausting all available administrative remedies.

  • Requires petitions for judicial review to be filed in superior court of the county where displacement occurred within 30 days of receiving written notice of the final agency determination, with possible extensions for good cause.

  • Allows courts to conduct de novo review without jury and affirm, reverse, or modify agency determinations found to violate constitutional provisions, applicable law, agency regulations, or affected by other legal error.

  • Permits aggrieved persons to appeal agency determinations without being estopped by prior receipt of funding or other assistance under the Article, and allows further appeal to the appellate division from superior court judgments.

  • Effective upon enactment and applies to all administrative proceedings with final determinations entered on or after the effective date.

Legislative Description

Augment Agency Appeal Rights

Civil Procedure; Courts; Eminent Domain; Property; Public; Superior Court; Civil Actions

Last Action

Ref To Com On Rules and Operations of the Senate

4/3/2023

Committee Referrals

Rules and Operations of the Senate4/3/2023

Full Bill Text

No bill text available