North Carolina General Statutes 53-412. Commissioner hearings; appeals
Terms Used In North Carolina General Statutes 53-412
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
(a) This section does not grant a right to a hearing to a person that is not otherwise granted by governing law.
(b) 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 N.C. Gen. Stat..
(c) Disputes over decisions and actions of the Commissioner under the provisions of this Article shall be “contested cases” as defined in N.C. Gen. Stat. § 150B-2(2).
(d) 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 N.C. Gen. Stat. § 53C-2-6. The Commission may affirm, modify, or reverse a decision of the Commissioner.
(e) Petitions for judicial review from the Commission shall be made to the Wake County Superior Court and shall proceed as provided in N.C. Gen. Stat. § 53C-2-6. (2001-263, s. 1; 2009-57, s. 11; 2012-56, s. 34.)