GENERAL ASSEMBLY OF NORTH CAROLINA
1987 SESSION
CHAPTER 599
AN ACT TO AMEND THE SOCIAL SERVICES APPEALS LAW.
The General Assembly of North Carolina enacts:
Section 1. G.S. 108A-79(c) is amended in the last paragraph by rewriting the second and third sentences to read:
"Failure to give timely notice of appeal constitutes a waiver of the right to a hearing except that, for good cause shown, the county department of social services may permit an appeal notwithstanding the waiver. The waiver shall not affect the right to reapply for benefits."
Sec. 2. G.S. 108A-79(g) is amended by rewriting the third sentence to read:
"Failure to give timely notice of further appeal constitutes a waiver of the right to a hearing before an official of the Department except that, for good cause shown, the Department may issue an order permitting a review of the local appeal hearing notwithstanding the waiver. The waiver shall not affect the right to reapply for benefits."
Sec. 3. G.S. 108A-79(k) reads as rewritten:
"(k) Any appellant or
county board of social services or board of county commissiones in the case of
the food stamp program applicant or recipient who is dissatisfied
with the final decision of the Department may file, within 30 days of the
receipt of notice of such decision, a petition for judicial review in superior
court of the county from which the case arose. Failure to file a
petition within the time stated shall operate as a waiver of the right of such party
to review, except that, for good cause shown, a judge of the superior court
resident in the district or holding court in the county from which the case
arose may issue an order permitting a review of the agency decision under this
Chapter notwithstanding such waiver. The hearing shall be conducted
according to the provisions of Article 4, Chapter 150A, Chapter
150B, of the North Carolina General Statutes. The court shall, on
request, examine the evidence excluded t the hearing under G.S. 108A-79(e)(4)
or G.S. 108A-79(i)(1) and if the evidence was improperly excluded, the court
shall consider it. Notwithstanding the foregoing provisions, the court
may take testimony and examine into the facts of the case, including excluded
evidence, to determine whether the appellant is entitled to public
assistance final decision is in error under federal and State law,
and under the rules and regulations of the Social Services Commission or the
Department of Human Resources. Furthermore, the court shall set the matter
for hearing within 15 days from the filing of the record under G.S. 150A-47 G.S.
150B-47 and after reasonable written notice to the Department of Human
Resources and the appellant applicant or recipient. Nothing in
this subsection shall be construed to abrogate any rights that the county may
have under Article 4 of Chapter 150B."
Sec. 4. This act shall become effective January 1, 1988.
In the General Assembly read three times and ratified this the 10th day of July, 1987.