(a)        The Commissioner may adopt rules for the hearing of appeals by the Commissioner or the Commissioner’s designated hearing officer under N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 150B-39 through N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 150B-2(2). (1993, c. 409, s. 23; 1995, c. 193, s. 7.)

Terms Used In North Carolina General Statutes 58-2-52

  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • 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.
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
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