Among other things, these bills grant Final Decision making authority to ALJs. Those bills are attached as Appendix “A” and Appendix “B” respectively. NOTE: The day before this paper was submitted, the General Assembly overrode Governor Perdue’s veto of Senate Bill 781 and Senate Bill 496. This paper discusses only contested case hearings under Article 3, and though much of this discussion is applicable to Article 3A cases the specific procedures adopted by the decision-making agency for such cases must be consulted. Nevertheless, Article 3A does establish certain required procedures the agencies governed by it must follow while permitting them to adopt their own additional procedural rules. Article 3 prescribes much more thoroughly than Article 3A the procedures to be followed throughout the contested case process. Contested cases governed by Article 3A are heard by the board or agency that made the initial decision at issue in the contested case. See §150B-1(e).Īrticle 3 of the NCAPA provides that Administrative Law Judges (“ALJ”s) in the Office of Administrative Hearings (“OAH”) hear contested cases of the covered agencies. A few agencies are not subject to Article 3 or Article 3A and have their own procedures for handling contested cases. Article 3A governs occupational licensing boards and a few additional agencies such as the Department of Insurance, State Banking Commission and the State Board of Elections. Article 3 governs most administrative agencies. The contested case provisions of the North Carolina Administrative Procedure Act (“NCAPA”) are contained in Chapter 150B, Articles 3 and 3A of the General Statutes.
4, 2011 Reading Time Created with Sketch.
0 kommentar(er)
