GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
SESSION LAW 2009-57
SENATE BILL 669
AN ACT to clarify the banking commission appellate procedures.
The General Assembly of North Carolina enacts:
SECTION 1. 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. 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. The notice of appeal shall state the
grounds for the appeal and set forth in numbered order the assignments of error
for review by the Banking Commission. Failure to state the grounds for the
appeal and assignments of error shall constitute grounds to dismiss the appeal.
Failure to comply with the briefing schedule provided by the Banking Commission
shall also constitute grounds to dismiss the appeal. Upon receipt of a 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 the Commission and by written notice to the
Commissioner of Banks, appeal toCommission, petition the Superior
Court of Wake County for judicial review of a final determination of any
question of law which may be involved. The cause petition for
judicial review shall be entitled "State of North Carolina on
Relation of the Banking Commission against (here insert name of
appellant)." "(insert name) Petitioner v. State of North
Carolina on Relation of the Banking Commission." A copy of the petition
for judicial review shall be served upon the Commissioner of Banks pursuant to
G.S. 150B-46. The petition It shall be placed on the civil
issue docket of such the court and shall have precedence
over other civil actions. In the event of an appeal Within 15 days of
service of the petition for judicial review, the Commissioner shall certify
the record to the Clerk of Superior Court of Wake County within 15 days
thereafter. County. The standard of review of a petition for judicial
review of a final order of the Banking Commission shall be as provided in
G.S. 150B-51(b)."
SECTION 2. G.S. 53-188 reads as rewritten:
"§ 53-188. Review of regulations, order or act of Commission or Commissioner.
The Commission shall have full authority to may
review any rule, regulation, order or act of the Commissioner done pursuant to
or with respect to the provisions of this Article and any Article.
Any person aggrieved by any such rule, regulation, order or act may appeal
appeal, pursuant to G.S. 53-92(d), to the Commission for
review upon giving notice in writing within 20 days after such rule,
regulation, order or act complained of is adopted, issued or done. Notwithstanding
any other provision of law to the contrary, any aggrieved party to a decision
of the Commission shall be entitled to an appealpetition for judicial
review pursuant to G.S. 53-92. G.S. 53-92(d)."
SECTION 3. G.S. 53-208.27(b) reads as rewritten:
"(b) The Banking
Commission may review any rule, regulation, order, or act of the Commissioner
done pursuant to or with respect to the provisions of this Article; and any
Article. Any person aggrieved by any such rule, regulation, order, or act
may appeal appeal, pursuant to G.S. 53-92(d), to the
Commission for review upon providing notice in writing within 20 days after any
rule, regulation, order, or act complained of is adopted, issued, or done.
Notwithstanding any other provision of law, any aggrieved party to a decision
of the Banking Commission shall be entitled to an appeal petition for
judicial review pursuant to G.S. 53-92. G.S. 53-92(d)."
SECTION 4. G.S. 53-215 reads as rewritten:
"§ 53-215. Appeal of Commissioner's decision.
Any aggrieved party in a proceeding under G.S. 53-211 or
G.S. 53-227.1 may, within 30 20 days after final
decision of the Commissioner, appeal his in writing any decision
to the State Banking Commission. The State Banking Commission, within 30 days
of receipt of the notice of appeal, shall approve, disapprove or modify the
Commissioner's decision. Failure of the State Banking Commission to act within
30 days of receipt of notice of appeal shall constitute a final decision of the
State Banking Commission approving the decision of the Commissioner. An
appeal under this section shall be made pursuant to G.S. 53-92(d).
Notwithstanding any other provision of law, any aggrieved party to a decision
of the State Banking Commission shall be entitled to an appeal
petition for judicial review pursuant to G.S. 53-92.
G.S. 53-92(d)."
SECTION 5. G.S. 53-224.30 reads as rewritten:
"§ 53-224.30. Appeal of Commissioner's decision.
Any aggrieved party in a proceeding under this Article may,
within 30 20 days after final decision of the Commissioner,
appeal appeal, in writing, such decision to the North Carolina
State Banking Commission. The State Banking Commission, within 30 days of
receipt of the notice of appeal, shall approve, disapprove, or modify the
Commissioner's decision. Failure of the State Banking Commission to act within
30 days of receipt of notice of appeal shall constitute a final decision of the
State Banking Commission approving the decision of the Commissioner. An
appeal under this section shall be made pursuant to G.S. 53-92(d).
Notwithstanding any other provision of law, any aggrieved party to a decision
of the Commission shall be entitled to an appeal petition for
judicial review pursuant to G.S. 53-92. G.S. 53-92(d)."
SECTION 6. G.S. 53-231 reads as rewritten:
"§ 53-231. Appeal of Commissioner's decision.
Any aggrieved party in a proceeding under this Article may,
within 30 20 days after final decision of the Commissioner,
appeal such decision in writing to the Banking Commission. The
Banking Commission, within 30 days of receipt of the notice of appeal, shall
approve, disapprove, or modify the Commissioner's decision. Failure of the
Banking Commission to act within 30 days of receipt of notice of appeal shall
constitute a final decision of the Banking Commission approving the decision of
the Commissioner. An appeal under this section shall be made pursuant to
G.S. 53-92(d). Notwithstanding any other provision of law, any
aggrieved party to a decision of the Banking Commission shall be entitled to an
appeal petition for judicial review pursuant to G.S. 53-92.
G.S. 53-92(d)."
SECTION 7. G.S. 53-232.17 reads as rewritten:
"§ 53-232.17. Appeal of Commissioner's decision.
Any aggrieved party in a proceeding under this Article may,
within 30 20 days after final decision of the Commissioner,
appeal such decision in writing to the Banking Commission. The
Banking Commission, within 30 days of receipt of the notice of appeal, shall
approve, disapprove, or modify the Commissioner's decision. Failure of the
Banking Commission to act within 30 days of receipt of notice of appeal shall
constitute a final decision of the Banking Commission approving the decision of
the Commissioner. An appeal under this section shall be made pursuant to
G.S. 53-92(d). Notwithstanding any other provision of law, any
aggrieved party to a decision of the Banking Commission shall be entitled to an
appeal petition for judicial review pursuant to G.S. 53-92.
G.S. 53-92(d)."
SECTION 8. G.S. 53-252 reads as rewritten:
"§ 53-252. Appeal of Commissioner's decision.
The Commission shall have full authority to may
review any rule, regulation, order, or act of the Commissioner done pursuant to
or with respect to the provisions of this Article; and any Article.
Any person aggrieved by any such rule, regulation, order, or act may appeal
appeal, pursuant to G.S. 53-92(d), to the Commission for
review upon giving notice in writing within 20 days after such rule,
regulation, order, or act complained of is adopted, issued, or done. Notwithstanding
any other provision of law, any aggrieved party to a decision of the Banking
Commission shall be entitled to an appeal petition for judicial
review pursuant to G.S. 53-92. G.S. 53-92(d)."
SECTION 9. G.S. 53-272 reads as rewritten:
"§ 53-272. Appeals.
The Banking Commission shall have full authority to
may review any rule, regulation, order, or act of the Commissioner done
pursuant to or with respect to the provisions of this Article; and any
Article. Any person aggrieved by any such rule, regulation, order, or act
may appeal appeal, pursuant to G.S. 53-92(d), to the
Commission for review upon giving notice in writing within 20 days after such
rule, regulation, order, or act complained of is adopted, issued, or done.
Notwithstanding any other provision of law, any aggrieved party to a decision
of the Banking Commission shall be entitled to an appeal petition for
judicial review pursuant to G.S. 53-92. G.S. 53-92(d)."
SECTION 10. G.S. 53-289 reads as rewritten:
"§ 53-289. Commission may review rules, orders, or acts by Commissioner.
The Commission shall have full authority to may
review any rule, regulation, order, or act of the Commissioner done pursuant to
or with respect to the provisions of this Article, and any Article.
Any person aggrieved by any such rule, regulation, order, or act may appeal
appeal, pursuant to G.S. 53-92(d), to the Commission for
review upon giving notice in writing within 20 days after such rule,
regulation, order, or act complained of is adopted, issued, or done.
Notwithstanding any other provision of law, any aggrieved party to a decision
of the Banking Commission shall be entitled to petition for judicial review
pursuant to G.S. 53-92(d)."
SECTION 11. G.S. 53-412 reads as rewritten:
"§ 53-412. Commissioner hearings; appeals.
(a) This section does not grant a right to a hearing to a person that is not otherwise granted by governing law.
(b) The Commissioner may convene a hearing to receive evidence and argument regarding any matter before the Commissioner for decision or review under the provisions of this Article. The hearing shall be conducted in accordance with Article 3A of Chapter 150B of the General Statutes.
(c) Disputes over decisions and actions of the Commissioner under the provisions of this Article shall be "contested cases" as defined in G.S. 150B-2(2).
(d) Except as
expressly provided otherwise by this Chapter, an order of the Commissioner may
be appealed appealed, in writing, to the Commission for review.
review, pursuant to G.S. 53-92(d). The Commission may affirm, modify,
or reverse a decision of the Commissioner.
(e) Appeals Petitions
for judicial review from the Commission shall be made to the Wake
County Superior Court and shall proceed as provided in G.S. 53-92.
G.S. 53-92(d)."
SECTION 12. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 28th day of May, 2009.
s/ Marc Basnight
President Pro Tempore of the Senate
s/ Joe Hackney
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 4:15 p.m. this 5th day of June, 2009