GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2003
SESSION LAW 2003-63
SENATE BILL 658
AN ACT to resolve conflicting statutes; to amend the appellate procedure before the state banking commission; and to authorize the commissioner of banks to appoint a hearing officer.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 7A-29(a) reads as rewritten:
"(a)
From any final order or decision of the North Carolina Utilities Commission not
governed by subsection (b) of this section, the Department of Health and Human
Services under G.S. 131E-188(b), the Commissioner of Banks under Articles
17, 18, 18A, and 21 of Chapter 53 of the General Statutes, the Administrator of
Savings and Loans under Article 3A of Chapter 54B of the General Statutes, the
North Carolina Industrial Commission, the North Carolina State Bar under G.S.
84-28, the Property Tax Commission under G.S. 105-290 and G.S. 105-342, the
Commissioner of Insurance under G.S. 58-2-80, or the Secretary of Environment
and Natural Resources under G.S. 104E-6.2 or G.S. 130A-293, appeal as of right
lies directly to the Court of Appeals."
SECTION 2. G.S. 53-92(d) reads as rewritten:
"(d) The Banking
Commission is hereby vested with full power and authority to supervise, direct and
review the exercise by the Commissioner of Banks of all powers, duties, and
functions now vested in or exercised by the Commissioner of Banks under the
banking laws of this State; any State. Upon an appeal to the Banking
Commission by any party from an order entered by the Commissioner of Banks
following an administrative hearing pursuant to Article 3A of Chapter 150B of
the General Statutes, the Administrative Procedure Act, the chairman of the
Commission may appoint an appellate review panel of not less than five members
to review the record on appeal, hear oral arguments, and make a recommended
decision to the Commission. Unless another time period for appeals is provided
by this Chapter, any party to an order by the Commissioner of Banks may, within
20 days after the order and upon written notice to the Commissioner, appeal the
Commissioner's order to the Banking Commission for review. Upon notice of an
appeal, the Commissioner of Banks shall, within 30 days of the notice, certify
to the Commission the record on appeal. Any party to a proceeding before
the Banking Commission may, within 20 days after final order of said Commission
and by written notice to the Commissioner of Banks, appeal to the Superior
Court of Wake County for a final determination of any question of law which may
be involved. The cause shall be entitled "State of North Carolina on
Relation of the Banking Commission against (here insert name of
appellant)." It shall be placed on the civil issue docket of such court
and shall have precedence over other civil actions. In the event of an appeal
the Commissioner shall certify the record to the Clerk of Superior Court of
Wake County within 15 days thereafter."
SECTION 3. G.S. 53-93 reads as rewritten:
"§ 53-93. Powers and duties of Commissioner.
The Commissioner of Banks shall have the powers, duties and
functions herein given, and in addition thereto such other powers and rights as
may be necessary or incident to the proper discharge of his the
Commissioner's duties. The Commissioner may appoint and assign a member
of the staff of the Office of the Commissioner of Banks to preside at
administrative hearings required by Article 3A of Chapter 150B of the General
Statutes, the Administrative Procedure Act, and make a recommended decision to
the Commissioner."
SECTION 4. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 15th day of May, 2003.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Richard T. Morgan
Speaker of the House of Representatives
s/ Michael F. Easley
Governor
Approved 5:46 p.m. this 20th day of May, 2003