North Carolina § 20-4 - 03. Administrative hearing fees.

§ 20-4. 03. Administrative hearing fees.

Authorization. - The Division is authorized to charge a fee to any person who requests an administrative hearing before the Division in accordance with this Chapter. Requirements for Requesting a Hearing. - Any request for an administrative hearing before the Division must be in writing and accompanied by the total applicable administrative hearing fee charged by the Division. An administrative hearing shall not be granted by the Division unless the administrative hearing request complies with the requirements of this subsection. Notwithstanding any provision of this Chapter to the contrary, any pending revocation, suspension, civil penalty assessment, or other adverse action shall not be stayed upon receipt of an administrative hearing request unless the request complies with the requirements of this subsection. Report. - Beginning October 1, 2018, and quarterly thereafter, the Division shall submit a report to the Fiscal Research Division of the General Assembly detailing all of the following for each month of the applicable quarter and for each type of administrative hearing: The total number of administrative hearings. The total amount of revenue collected. The total number of fee waivers granted. The counties where the administrative hearings were held. The average amount of time required to conduct an administrative hearing, with the time required of hearing officers and the time required of administrative personnel listed separately. History (2017-57, s. 34.32(b); 2017-197, s. 7.3(a); 2018-5, s. 34.23(d).) Editor's Note. - Session Laws 2014-100, s. 34.9(a), as amended by Session Laws 2017-57, s. 34.32(a), provides: "The Department of Transportation, Division of Motor Vehicles, shall develop a schedule of fees to recover the costs incurred by the Hearings Unit of the Division of Motor Vehicles for the performance of administrative hearings required by law or under rules adopted under G.S. 20-2(b) . The proceeds of the fees developed in accordance with this section shall be deposited in a fund established for the Hearings Unit. Except as otherwise provided by an act of the General Assembly, the Hearings Unit shall be funded solely from the proceeds collected from the fees developed in accordance with this section. The plan and proposed schedule shall address, at a minimum, the following: "(1) Current hearing process and recommended modifications to achieve cost efficiencies, including proposed revisions to existing laws or rules. "(2) Historical and projected funding requirements for each category of hearing performed by the Division. "(3) Schedule of fees and projected receipts. "(4) Proposed processes and rules for the collection of fees and the refunding of fees for hearings initiated by the Division in which the original decision of the Division is reversed. "(5) Implementation milestones." Session Laws 2017-57, s. 34.32(c), provides: "The Division of Motor Vehicles may adopt temporary rules to implement the provisions of Section 34.9 of S.L. 2014-100, as amended by Section 29.30A of S.L. 2015-241 and subsection (a) of this section. Temporary rules adopted in accordance with this section shall remain in effect until permanent rules that replace the temporary rules become effective." Session Laws 2017-57, s. 34.32(d), made this section effective January 1, 2018, and applicable to administrative hearings requested on or after that date. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2018-5, s. 34.23(a)-(c), (e), provides: "(a) Revised Budget. - The Office of State Budget and Management, in consultation with the Division of Motor Vehicles, shall adjust the Hearing Unit's certified budget for the 2018-2019 fiscal year to correctly align total requirements and receipts to reflect the requirement set forth in Section 34.9 of S.L. 2014-100, as amended by Section 29.30A of S.L. 2015-241 and Section 34.32 of S.L. 2017-57, that all functions supporting the Hearing Unit's operating budget under Fund Code 1304 be fully receipt-supported from the fee proceeds collected by the Hearings Unit. "(b) Position Elimination. - The Division of Motor Vehicles may eliminate vacant and filled positions to achieve the requirement set forth in subsection (a) of this section. If filled positions are eliminated under this subsection, the Division of Motor Vehicles shall eliminate the positions in accordance with G.S. 126-7.1 . All positions identified by the Division of Motor Vehicles for elimination under this subsection shall be eliminated by no later than October 1, 2018. "(c) Position Elimination Report. - By October 15, 2018, the Division of Motor Vehicles shall submit a report to the Joint Legislative Transportation Oversight Committee detailing the elimination of any positions under subsection (b) of this section. "(e) Requirement for Submission of First Hearings Report. - Notwithstanding any provision of G.S. 20-4.03(c) , as enacted by subsection (d) of this section, to the contrary, the report required under G.S. 20-4.03(c) for October 1, 2018, shall include all of the information required under G.S. 20-4.03(c) for the period from January 1, 2018, through October 1, 2018." Session Laws 2018-5, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2018.'" Session Laws 2018-5, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2018-2019 fiscal year, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2018-2019 fiscal year." Session Laws 2018-5, s. 39.7, is a severability clause. Effect of Amendments. - Session Laws 2017-197, s. 7.3(a), effective January 1, 2018, in subsection (a) substituted "any person who requests" for "individuals who request." Session Laws 2018-5, s. 34.23(d), effective July 1, 2018, added subsection (c).