Bill Text: NC S781 | 2013-2014 | Regular Session | Amended

North Carolina Senate Bill 781 (Prior Session Legislation)

Bill Title: SBOE Rulemaking Clarification

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-05-19 - Ref to Education/Higher Education. If fav, re-ref to Judiciary I [S781 Detail]

Download: North_Carolina-2013-S781-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S 1

SENATE BILL 781*

Short Title: SBOE Rulemaking Clarification.		(Public)
Sponsors:	Senator Hartsell (Primary Sponsor).
Referred to:	Education/Higher Education.

May 19, 2014

A BILL TO BE ENTITLED

AN ACT to clarify that the state board of education is subject to rule making under the administrative procedure act and to provide a remedy when an agency fails to act as directed by statute, as recommended by the joint legislative administrative procedure oversight committee.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 115C‑12 reads as rewritten:

"§ 115C‑12. Powers and duties of the Board generally.

The general supervision and administration of the free public school system shall be vested in the State Board of Education. The State Board of Education shall establish policy for the system of free public schools, subject to laws enacted by the General Assembly. The State Board of Education is subject to Article 2A of Chapter 150B of the General Statutes. The State Board of Education may not implement or enforce against any person a policy that meets the definition of a rule contained in G.S. 150B‑2(8a) if the policy has not been adopted as a rule in accordance with Article 2A of Chapter 150B of the General Statutes. The powers and duties of the State Board of Education are defined as follows:

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SECTION 2. G.S. 150B‑23 is amended by adding a new subsection to read:

"(a4) If an agency fails to take any required action within the time period specified by law, any person whose rights are substantially prejudiced by the agency's failure to act may commence a contested case in accordance with this section seeking an order that the agency act as required by law. If the administrative law judge finds that the agency has failed to act as required by law, the administrative law judge may order that the agency take the required action within a specified time period."

SECTION 3. G.S. 150B‑44 reads as rewritten:

"§ 150B‑44. Right to judicial intervention when final decision unreasonably delayed.

Unreasonable delay on the part of any agency or administrative law judge in taking any required action shall be justification for any person whose rights, duties, or privileges are adversely affected by such delay to seek a court order compelling action by the agency or administrative law judge. Failure of an administrative law judge subject to Article 3 of this Chapter or failure of an agency subject to Article 3A of this Chapter to make a final decision within 120 days of the close of the contested case hearing is justification for a person whose rights, duties, or privileges are adversely affected by the delay to seek a court order compelling action by the agency or by the administrative law judge. ~~The Board of Trustees of the North Carolina State Health Plan for Teachers and State Employees is a "board" for purposes of this section.~~"

SECTION 4. This act is effective when it becomes law.