N.C. Gen. Stat. § 53-412
Commissioner hearings; appeals
Redline — June 1, 2021 → current.View current text →
Current — April 1, 2022
As of June 1, 2021
(1) This section does not grant a right to a hearing to a person that is not otherwise granted by governing law.
(1) This section does not grant a right to a hearing to a person that is not otherwise granted by governing law.
(2) The Commissioner may convene a hearing to receive evidence and argument regarding any matter before the Commissioner for decision or review under the provisions of this Article. The hearing shall be conducted in accordance with Article 3A of Chapter 150B of the General Statutes.
(2) The Commissioner may convene a hearing to receive evidence and argument regarding any matter before the Commissioner for decision or review under the provisions of this Article. The hearing shall be conducted in accordance with Article 3A of Chapter 150B of the General Statutes.
(3) Disputes over decisions and actions of the Commissioner under the provisions of this Article shall be "contested cases" as defined in G.S. 150B-2(2).
(3) Disputes over decisions and actions of the Commissioner under the provisions of this Article shall be “contested cases” as defined in G.S. 150B-2(2).
(4) Except as expressly provided otherwise by this Chapter, an order of the Commissioner may be appealed, in writing, to the Commission for review, pursuant to G.S. 53C-2-6. The Commission may affirm, modify, or reverse a decision of the Commissioner.
(4) Except as expressly provided otherwise by this Chapter, an order of the Commissioner may be appealed, in writing, to the Commission for review, pursuant to G.S. 53C-2-6. The Commission may affirm, modify, or reverse a decision of the Commissioner.
(5) Petitions for judicial review from the Commission shall be made to the Wake County Superior Court and shall proceed as provided in G.S. 53C-2-6.
(5) Petitions for judicial review from the Commission shall be made to the Wake County Superior Court and shall proceed as provided in G.S. 53C-2-6.
History
(2001-263, s. 1; 2009-57, s. 11; 2012-56, s. 34.)
Effect of Amendments. - Session Laws 2009-57, s. 11, effective June 5, 2009, in subsection (d), substituted "appealed, in writing, to the Commission for review, pursuant to G.S. 53-92(d) " for "appealed to the Commission for review"; and in subsection (e), at the beginning, substituted "Petitions for judicial review from the Commission shall be made to" for "Appeals from the Commission shall be to", and added "(d)" at the end.
Session Laws 2012-56, s. 34, effective October 1, 2012, substituted "G.S. 53C-2-6" for "G.S. 53-92(d)" in subsections (d) and (e).
Official source: North Carolina General Assembly. Reproduced from public-domain North Carolina statutes; confirm against the official source for the current text. Not legal advice.