North Carolina § 150B-44 - Right to judicial intervention when final decision unreasonably delayed.

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

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. History (1973, c. 1331, s. 1; 1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, s. 1(17); 1987, c. 878, ss. 5, 27; 1991, c. 35, s. 9; 2000-190, s. 9; 2008-168, s. 5(b); 2011-398, s. 23; 2014-120, s. 59(b).) Editor's Note. - Session Laws 2011-398, s. 62, is a severability clause. Session Laws 2011-398, s. 63, as amended by Session Laws 2012-187, s. 8.1, provides in relevant part: "Sections 15 through 55 of this act become effective January 1, 2012, and apply to contested cases commenced on or after that date. With regard to contested cases affected by Section 55.2 of this act, the provisions of Sections 15 through 27 of this act become effective when the United States Environmental Protection Agency approvals referenced in Section 55.2 have been issued or October 1, 2012, whichever occurs first.With regard to contested cases affected by Section 55.1 of this act, the provisions of Sections 15 through 27 and Sections 32 and 33 of this act become effective when the waiver referenced in Section 55.1 has been granted or February 1, 2013, whichever occurs first. Unless otherwise provided elsewhere in this act, the remainder of this act is effective when it becomes law." For Section 55.2, see editor's note under G.S. 150B-34. Effect of Amendments. - Session Laws 2008-168, s. 5(b), effective July 1, 2008, added the last sentence. Session Laws 2011-398, s. 23, deleted the former second through sixth sentences, and rewrote the next-to-last sentence. For effective date and applicability, see editor's note. Session Laws 2014-120, s. 59(b), effective September 18, 2014, inserted "final" in the section catchline; deleted the former first sentence which read: "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."; and deleted the former last sentence which read: "The Board of Trustees of the North Carolina State Health Plan for Teachers and State Employees is a "board" for purposes of this section." Legal Periodicals. - For article, "Advisory Rulings by Administrative Agencies: Their Benefits and Dangers," see 2 Campbell L. Rev. 1 (1980). For article, "Administrative Justice: No Longer Just a Recommendation," see 79 N.C.L. Rev. 1639 (2001).