GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

 

 

SESSION LAW 2013-264

HOUSE BILL 538

 

 

AN ACT to allow the town of apex to continue communications with residents and others on other matters pending a quasi-judicial decision.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 160A-388(e)(2), as enacted by Section 2 of S.L. 2013-126, reads as rewritten:

"(2)      A member of any board exercising quasi-judicial functions pursuant to this Article the functions of a board of adjustment shall not participate in or vote on any quasi-judicial matter in a manner that would violate affected persons' constitutional rights to an impartial decision maker. Impermissible violations of due process include, but are not limited to, a member having a fixed opinion prior to hearing the matter that is not susceptible to change, undisclosed ex parte communications, a close familial, business, or other associational relationship with an affected person, or a financial interest in the outcome of the matter. If an objection is raised to a member's participation and that member does not recuse himself or herself, the remaining members shall by majority vote rule on the objection."

SECTION 2.  G.S. 160A-393 is repealed.

SECTION 3.  G.S. 160A-377 is repealed.

SECTION 4.  This act applies to the Town of Apex only.

SECTION 5.  This act becomes effective October 1, 2013, and applies to quasi-judicial decisions of the Town on or after that date.

In the General Assembly read three times and ratified this the 17th day of July, 2013.

 

 

                                                                    s/  Daniel J. Forest

                                                                         President of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Presiding Officer of the House of Representatives