§ 163-91. Complaint procedure.
Article 8A.
HAVA Administrative Complaint Procedure.
§ 163‑91. Complaint procedure.
(a) The State Board of Elections shall establish a complaintprocedure as required by section 402 of Title IV of the Help America Vote Actof 2002 for the resolution of complaints alleging violations of Title III ofthat Act.
(b) With respect to the adoption of the complaint procedureunder this section, the State Board of Elections is exempt from therequirements of Article 2A of Chapter 150B of the General Statutes. Prior toadoption or amendment of the complaint procedure under this section, the StateBoard of Elections shall complete all of the following:
(1) Publish the proposed plan in the North Carolina Register atleast 30 days prior to the adoption of the final complaint procedure.
(2) Accept oral and written comments on the proposed complaintprocedure.
(3) Hold at least one public hearing on the proposed complaintprocedure.
(c) Hearings and final determinations of complaints filed underthe procedure adopted pursuant to this section are not subject to Articles 3and 4 of Chapter 150B of the General Statutes. (2003‑226, s. 17(a).)