State Codes and Statutes

Statutes > North-carolina > Chapter_150B > GS_150B-23_2

§ 150B‑23.2.  Fee forfiling a contested case hearing.

(a)        Filing Fee. – Inevery contested case commenced in the Office of Administrative Hearings by aperson aggrieved, the petitioner shall pay a filing fee, and the administrativelaw judge shall have the authority to assess that filing fee against the losingparty, in the amount of one hundred twenty‑five dollars ($125.00), unlessthe Office of Administrative Hearings establishes a lesser filing fee by rule.

(b)        Time of Collection.– All fees that are required to be assessed, collected, and remitted undersubsection (a) of this section shall be collected by the Office ofAdministrative Hearings at the time of commencement of the contested case(except in suits in forma pauperis).

(c)        Forms of Payment. –The Office of Administrative Hearings may by rule provide for the acceptableforms for payment and transmission of the filing fee.

(d)        Wavier or Refund. –The Office of Administrative Hearings shall by rule provide for the fee to bewaived in a contested case in which the petition is filed in forma pauperis andsupported by such proofs as are required in G.S. 1‑110 and in a contestedcase involving a mandated federal cause of action. The Office of AdministrativeHearings shall by rule provide for the fee to be refunded in a contested casein which the losing party is the State.  (2009‑451, s. 21A.1(b).)

State Codes and Statutes

Statutes > North-carolina > Chapter_150B > GS_150B-23_2

§ 150B‑23.2.  Fee forfiling a contested case hearing.

(a)        Filing Fee. – Inevery contested case commenced in the Office of Administrative Hearings by aperson aggrieved, the petitioner shall pay a filing fee, and the administrativelaw judge shall have the authority to assess that filing fee against the losingparty, in the amount of one hundred twenty‑five dollars ($125.00), unlessthe Office of Administrative Hearings establishes a lesser filing fee by rule.

(b)        Time of Collection.– All fees that are required to be assessed, collected, and remitted undersubsection (a) of this section shall be collected by the Office ofAdministrative Hearings at the time of commencement of the contested case(except in suits in forma pauperis).

(c)        Forms of Payment. –The Office of Administrative Hearings may by rule provide for the acceptableforms for payment and transmission of the filing fee.

(d)        Wavier or Refund. –The Office of Administrative Hearings shall by rule provide for the fee to bewaived in a contested case in which the petition is filed in forma pauperis andsupported by such proofs as are required in G.S. 1‑110 and in a contestedcase involving a mandated federal cause of action. The Office of AdministrativeHearings shall by rule provide for the fee to be refunded in a contested casein which the losing party is the State.  (2009‑451, s. 21A.1(b).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_150B > GS_150B-23_2

§ 150B‑23.2.  Fee forfiling a contested case hearing.

(a)        Filing Fee. – Inevery contested case commenced in the Office of Administrative Hearings by aperson aggrieved, the petitioner shall pay a filing fee, and the administrativelaw judge shall have the authority to assess that filing fee against the losingparty, in the amount of one hundred twenty‑five dollars ($125.00), unlessthe Office of Administrative Hearings establishes a lesser filing fee by rule.

(b)        Time of Collection.– All fees that are required to be assessed, collected, and remitted undersubsection (a) of this section shall be collected by the Office ofAdministrative Hearings at the time of commencement of the contested case(except in suits in forma pauperis).

(c)        Forms of Payment. –The Office of Administrative Hearings may by rule provide for the acceptableforms for payment and transmission of the filing fee.

(d)        Wavier or Refund. –The Office of Administrative Hearings shall by rule provide for the fee to bewaived in a contested case in which the petition is filed in forma pauperis andsupported by such proofs as are required in G.S. 1‑110 and in a contestedcase involving a mandated federal cause of action. The Office of AdministrativeHearings shall by rule provide for the fee to be refunded in a contested casein which the losing party is the State.  (2009‑451, s. 21A.1(b).)