§ 150B-44. Right to judicial intervention when decision unreasonably delayed. - North Carolina Statutes

§ 150B‑44.  Right tojudicial intervention when decision unreasonably delayed.

Unreasonable delay on the partof any agency or administrative law judge in taking any required action shallbe justification for any person whose rights, duties, or privileges areadversely affected by such delay to seek a court order compelling action by theagency or administrative law judge. An agency that is subject to Article 3 ofthis Chapter and is not a board or commission has 60 days from the day itreceives the official record in a contested case from the Office ofAdministrative Hearings to make a final decision in the case. This time limitmay be extended by the parties or, for good cause shown, by the agency for anadditional period of up to 60 days. An agency that is subject to Article 3 ofthis Chapter and is a board or commission has 60 days from the day it receivesthe official record in a contested case from the Office of AdministrativeHearings or 60 days after its next regularly scheduled meeting, whichever is longer,to make a final decision in the case. This time limit may be extended by theparties or, for good cause shown, by the agency for an additional period of upto 60 days. If an agency subject to Article 3 of this Chapter has not made afinal decision within these time limits, the agency is considered to haveadopted the administrative law judge's decision as the agency's final decision.Failure of an agency subject to Article 3A of this Chapter to make a finaldecision within 120 days of the close of the contested case hearing isjustification for a person whose rights, duties, or privileges are adverselyaffected by the delay to seek a court order compelling action by the agency or,if the case was heard by an administrative law judge, by the administrative lawjudge. The Board of Trustees of the North Carolina State Health Plan forTeachers and State Employees is a "board" for purposes of thissection.  (1973,c. 1331, s. 1; 1985, c. 746, s. 1; 1985 (Reg. Sess., 1986), c. 1022, s. 1(17);1987, c. 878, ss. 5, 27; 1991, c. 35, s. 9; 2000‑190, s. 9; 2008‑168,s. 5(b).)