(a)        Any administrative hearing required or permitted to be held by the Commissioner shall be conducted in accordance with Article 3A of Chapter 150B of the N.C. Gen. Stat..

(b)        Upon an appeal to the Commission by any party from an order entered by the Commissioner following an administrative hearing pursuant to Article 3A of Chapter 150B of the N.C. Gen. Stat., the chair of the Commission may appoint an appellate review panel of not fewer than three members to review the record on appeal, hear oral arguments, and make a recommended decision to the Commission. Unless another time period for appeals is provided by this Chapter, any party to an order by the Commissioner may, within 20 days after the order and upon written notice to the Commissioner, appeal the Commissioner’s order to the Commission for review. The notice of appeal shall state the grounds for the appeal and set forth in numbered order the assignments of error for review by the Commission. Failure to state the grounds for the appeal and assignments of error shall constitute grounds to dismiss the appeal. Failure to comply with the briefing schedule provided by the Commission shall also constitute grounds to dismiss the appeal. Upon receipt of a notice of appeal, the Commissioner shall, within 30 days of the notice, certify to the Commission the record on appeal. Any party to a proceeding before the Commission may, within 20 days after final order of the Commission, petition the Superior Court of Wake County for judicial review of a final determination of any question of law that may be involved. The petition for judicial review shall be entitled “(insert name) Petitioner v. State of North Carolina on Relation of the Commission.” A copy of the petition for judicial review shall be served upon the Commissioner pursuant to N.C. Gen. Stat. § 150B-46 The petition shall be placed on the civil issue docket of the court and shall have precedence over other civil actions. Within 15 days of service of the petition for judicial review, the Commissioner shall certify the record to the Clerk of Superior Court of Wake County. The standard of review of a petition for judicial review of a final order of the Commission shall be as provided in N.C. Gen. Stat. § 150B-51(b).

(c)        The hearing officer at administrative hearings conducted under the authority of the Commissioner may be the Commissioner, a deputy commissioner, or other suitable person designated by the Commissioner to serve as a hearing officer.

(d)       The Commission may conduct public hearings on matters within its purview. ?(2012-56, s. 4.)

Terms Used In North Carolina General Statutes 53C-2-6

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Commission: The State Banking Commission provided for in N. See North Carolina General Statutes 53C-1-4
  • Commissioner: The Commissioner of Banks provided for in N. See North Carolina General Statutes 53C-1-4
  • Deputy commissioner: An individual appointed by the Commissioner to such office as provided by N. See North Carolina General Statutes 53C-1-4
  • Docket: A log containing brief entries of court proceedings.
  • following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
  • Person: An individual, a company, or a group of persons who are acting in concert. See North Carolina General Statutes 53C-1-4
  • Record: Information, reports, memoranda, charts, letters, messages, extracts, summaries, analyses, compilations, transaction documentation, account statements, financial statements, and other documents, including customer financial and other information, whether created, transmitted, distributed, retained, or stored in tangible or digital form. See North Carolina General Statutes 53C-1-4
  • State: Any state of the United States, the District of Columbia, or any territory of the United States other than this State. See North Carolina General Statutes 53C-1-4
  Previous section
Next section  
 Article 2 Contents