A BILL TO BE ENTITLED
AN ACT to revise the process by which a person may appeal the assessment of certain civil penalties by the department of public safety.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 20‑178.1 reads as rewritten:
"§ 20‑178.1.  Payment and review of civil penalty imposed by Department of Public Safety.
(a)	Procedure. – A person who is assessed a civil penalty under this Article by the Department of Public Safety must pay the penalty within 30 calendar days after the date the penalty was assessed or request an administrative review of the penalty in accordance with subsection (b) of this section. A person who does not request review within the required time waives the right to a review and hearing on the penalty.
(b)	Administrative Review. – Any person who denies liability for a penalty imposed by the Department may challenge the Department's decision by filing a contested case under Article 3 of Chapter 150B of the General Statutes.
(c)	Judicial Review. – Any person who is dissatisfied with a final decision under subsection (b) of this section may seek judicial review in accordance with Article 4 of Chapter 150B of the General Statutes. Notwithstanding G.S. 150B‑45, a petition for judicial review may be filed in the Superior Court of Wake County or in the superior court of the county in which the civil penalty was assessed. 
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(e)	Remittance of Proceeds. – The clear proceeds of all civil penalties assessed by the Department pursuant to this Article, minus any fees paid as interest, filing fees, attorneys' fees, or other necessary costs of court associated with the defense of penalties imposed by the Department pursuant to this Article shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."
SECTION 2.  G.S. 20‑382.2(b) reads as rewritten:
"(b)	Payment and Review. – When the Department of Public Safety finds that a for‑hire motor vehicle is operated in this State in violation of the registration and insurance verification requirements of this Part, the Department must place the motor vehicle out of service until the motor carrier is in compliance and the penalty imposed under this section is paid unless the officer that imposes the penalty determines that operation of the motor vehicle will not jeopardize collection of the penalty. A motor carrier that denies liability for a penalty imposed under this section may pay the penalty under protest and follow the procedure in G.S. 20‑178.1 for  an administrative review of the penalty."
SECTION 3.  G.S. 150B‑1(e)(14) is repealed.
SECTION 4.  This act becomes effective October 1, 2017, and applies to civil penalties assessed on or after that date.