N.C. Gen. Stat. § 58-2-52

Appeals and rate-making hearings before the Commissioner

Known as the Examination Law. The purpose of the Examination Law

The act spans §§ 58–58 (60 sections).

Applied in 1 court decision — leading case 255 N.C. App. 696 - Discovery Ins. Co. v. The NC Dep't of Ins. (2017)

Most recently applied in 255 N.C. App. 696 - Discovery Ins. Co. v. The NC Dep't of Ins. (October 2017)

1993, c. 409, s. 23; 1995, c. 193, s. 7.

(a) The Commissioner may adopt rules for the hearing of appeals by the Commissioner or the Commissioner's designated hearing officer under G.S. 58-36-35, 58-37-65, 58-45-50, 58-46-30, 58-48-40(c)(7), 58-48-42, and 58-62-51(c). These rules may provide for prefiled evidence and testimony of the parties, prehearing statements and conferences, settlement conferences, discovery, subpoenas, sanctions, motions, intervention, consolidation of cases, continuances, rights and responsibilities of parties, witnesses, and evidence.

(b) Notwithstanding G.S. 150B-38(h), hearing procedures for rate filings made by the North Carolina Rate Bureau shall be governed by the provisions of Article 36 of this Chapter and G.S. 150B-39 through G.S. 150B-41. The Commissioner may adopt rules for those hearings.

(c) Appeals under the statutes cited in subsection (a) of this section are not contested cases within the meaning of G.S. 150B-2(2).

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.