House committee substitute to the 1st edition makes the following changes. Makes conforming changes to act’s long title.
Modifies the economic impact rule delaying a new permanent rule’s effective date until ratified by the NCGA under GS 150B-21.3 (effective date of rules under the APA) so that the rule would have to have a substantial economic impact as calculated under GS 150B-21.4 (was, an aggregate economic impact on all persons affected of at least $1 million as calculated under law in a 12-month period). Makes conforming changes. Removes proposed (b3), which concerned rules and substantial economic impact. Provides a calculation in GS 150B-21.4 for how to determine whether a rule has a substantial economic impact by having the agency estimate the combined cost of the baseline conditions and the proposed rule. Specifies that the agency should estimate the cost of the baseline if the proposed rule amends or readopts an existing rule. (Previously, expanded what an agency must consider in determining the substantial economic impact of a rule under GS 150B-21.4 to include an estimate of the combined cost of the baseline conditions and the proposed rule, including direct costs as well as opportunity costs, as described. Removes changes to GS 150B-21.11 (procedure when Commission approves a permanent rule), and GS 120B-70.101 (purpose and powers of Committee)
Authorizes an administrative law judge to exercise independent judgment in making a final decision or order in GS 150B-34, while being informed by the demonstrated knowledge and expertise of the agency, as specified (was, judge had to give due regard to the agency’s demonstrated knowledge and expertise). Makes clarifying changes. Modifies the judge’s deference in GS 150B-51 (scope and standard of review) so that in conducting its review of the final decision, the court must be informed by the demonstrated knowledge and expertise of the agency with respect to facts and inferences within the specialized knowledge of the agency but should exercise independent judgment in making its order. Applies to actions pending or filed on or after the act becomes law.

Statutes affected:
Filed: 150B-21.3, 150B-21.4, 150B-21.11, 120-70.101
Edition 1: 150B-21.3, 150B-21.4, 150B-21.11, 120-70.101