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Bill Summary · SB 380

SB 380 — Expand Certain APA Standing Provisions

Status: Passed 1st Reading (introduced Feb 13, 2025)
Subject areas: Administrative Hearings Office; Administrative Code; Administrative Rules; Public

Main purpose

SB 380 would amend North Carolina’s Administrative Procedure Act (G.S. 150B‑4) to make it easier for trade and business associations and similar organizations to obtain administrative declaratory rulings by creating a rebuttable presumption that such collective entities qualify as a “person aggrieved” entitled to request a ruling.

Key provisions

  • Amends G.S. 150B‑4 to add a presumption that “a person aggrieved includes an association, organization, society, or other entity collectively representing persons similarly situated to a person aggrieved.”
  • Allows an agency to rebut that presumption, but only through specific written findings that the collective entity’s interests are not substantially similar to those of the individual aggrieved party for the requested declaratory ruling.
  • Establishes a procedural timeline for agency responses: if an agency fails to issue a declaratory ruling within 45 days, the failure is treated as a denial on the merits, and the requester may seek judicial review under Article 4 of Chapter 150B.
  • Limits judicial review of an agency’s failure to rule: the court may not consider any basis for denial that was not presented in writing to the person aggrieved.
  • Effective date (as drafted): the act would take effect July 1, 2025 and apply to declaratory rulings requested on or after that date (if enacted).

Who would be affected

  • Primary beneficiaries: trade and business associations, professional societies, and other collective entities seeking declaratory rulings from state agencies.
  • State agencies: would face a new default standard favoring organizational standing and a 45‑day response expectation; agencies must make explicit findings to deny an association’s standing.
  • Courts and litigants: possible change in the volume/nature of administrative appeals and constraints on new bases of denial a court may consider in certain judicial reviews.

Potential impacts and considerations

  • Increases access to pre-enforcement agency guidance for collective entities, potentially reducing uncertainty for regulated industries.
  • Could raise administrative workload and litigation for agencies required to adjudicate standing questions more frequently and meet a 45‑day timeline.
  • The rebuttable‑presumption structure preserves agency discretion but shifts the burden to agencies to document why an association’s interests differ materially from affected individuals.
  • The limitation on judicial consideration (only written bases presented to the requester) emphasizes the importance of comprehensive written submissions during the administrative phase.

This summary describes SB 380 as introduced/amended; its provisions become operative only if the bill is enacted into law.

Compiled from official sources — confirm details with the bill’s official record.

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