GENERAL ASSEMBLY OF NORTH CAROLINA

1987 SESSION

 

 

CHAPTER 656

SENATE BILL 350

 

AN ACT TO ESTABLISH A TIME FRAME FOR FILING APPEALS OF ADMINISTRATIVE PENALTY ASSESSMENTS.

 

The General Assembly of North Carolina enacts:

 

Section 1.  G.S. 130A-22(e) reads as rewritten:

"(e) A person contesting a penalty shall, by filing a petition pursuant to G.S. 150B-23(a) not later than 30 days after receipt by the petitioner of the document which constitutes agency action, be entitled to an administrative hearing and judicial review in accordance with Chapter 150A 150B of the General Statutes, the Administrative Procedure Act."

Sec. 2.  G.S. 130A-22(g) reads as rewritten:

"(g)      The Secretary may bring a civil action in the superior court of the county where the violation occurred or where the defendant resides to recover the amount of the administrative penalty whenever a person:

(1)       Who has not requested an administrative hearing in accordance with subsection (e) of this section fails to pay the penalty within 60 days after being notified of the penalty; or

(2)       Who has requested an administrative hearing fails to pay the penalty within 60 days after service of a written copy of the decision as provided in G.S. 150A-36 G.S. 150B-36 of the Administrative Procedure Act."

Sec. 3.  This act is effective upon ratification.

In the General Assembly read three times and ratified this the 23rd day of July, 1987.