Bill > S380

This bill expands the standing provisions under the Administrative Procedure Act (APA) in North Carolina by creating a presumption that trade and business associations can request declaratory rulings on behalf of their members. Specifically, the bill modifies the existing law to establish that an association, organization, society, or collective entity representing persons similarly situated can be considered a "person aggrieved" when seeking a declaratory ruling from a state agency. However, the agency retains the ability to rebut this presumption by demonstrating that the collective entity's interests are not substantially similar to the specific person or group being represented. The bill allows such associations to request clarification about the validity of a rule or the applicability of a statute to a given set of facts, with the declaratory ruling being binding on both the agency and the requesting party. The provisions will become effective on July 1, 2025, and will apply to declaratory ruling requests made on or after that date, potentially making it easier for trade and business associations to seek official interpretations of regulations and laws that might impact their members.

https://www.ncleg.gov/BillLookUp/2025/S380