GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2013
SESSION LAW 2013-264
HOUSE BILL 538
AN ACT to allow the town of apex to continue communications with residents and others on other matters pending a quasi-judicial decision.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 160A-388(e)(2), as enacted by Section 2 of S.L. 2013-126, reads as rewritten:
"(2)
A member of any board exercising quasi-judicial functions pursuant to this
Article the functions of a board of adjustment shall not participate
in or vote on any quasi-judicial matter in a manner that would violate affected
persons' constitutional rights to an impartial decision maker. Impermissible
violations of due process include, but are not limited to, a member having a
fixed opinion prior to hearing the matter that is not susceptible to change,
undisclosed ex parte communications, a close familial, business, or other
associational relationship with an affected person, or a financial interest in
the outcome of the matter. If an objection is raised to a member's
participation and that member does not recuse himself or herself, the remaining
members shall by majority vote rule on the objection."
SECTION 2. G.S. 160A-393 is repealed.
SECTION 3. G.S. 160A-377 is repealed.
SECTION 4. This act applies to the Town of Apex only.
SECTION 5. This act becomes effective October 1, 2013, and applies to quasi-judicial decisions of the Town on or after that date.
In the General Assembly read three times and ratified this the 17th day of July, 2013.
s/ Daniel J. Forest
President of the Senate
s/ Tim Moore
Presiding Officer of the House of Representatives