§58‑63‑25. Hearings, witnesses, appearances, production of booksand service of process.
(a) When theCommissioner has reason to believe that any person has been engaged or isengaging in this State in any unfair method of competition or any unfair or deceptiveact or practice defined in G.S. 58‑63‑15 or under G.S. 58‑63‑65,and that a proceeding by the Commissioner on the matter would be in theinterest of the public, the Commissioner shall issue and serve upon the persona statement of the charges in that respect and a notice of the hearing on thematter to be held at the time and place fixed in the notice, which shall not beless than 10 days after the date of the service of the notice.
(b) At the time andplace fixed for such hearing, such person shall have an opportunity to be heardand to show cause why an order should not be made by the Commissioner requiringsuch person to cease and desist from the acts, methods or practices socomplained of. Upon good cause shown, the Commissioner shall permit any personto intervene, appear and be heard at such hearing by counsel or in person.
(c) Nothing containedin this Article shall require the observance at any such hearing of formalrules of pleading or evidence.
(d) The Commissioner,upon such hearing, may administer oaths, examine and cross‑examinewitnesses, receive oral and documentary evidence, and shall have the power tosubpoena witnesses, compel their attendance, and require the production ofbooks, papers, records, correspondence, or other documents which he deemsrelevant to the inquiry. The Commissioner, upon such hearing, may, and upon therequest of any party shall, cause to be made a stenographic record of all theevidence and all the proceedings had at such hearing. If no stenographic recordis made and if a judicial review is sought, the Commissioner shall prepare astatement of the evidence and proceeding for use on review. In case of arefusal of any person to comply with any subpoena issued hereunder or totestify with respect to any matter concerning which he may be lawfullyinterrogated, the Superior Court of Wake County, on application of theCommissioner, may issue an order requiring such person to comply with suchsubpoena and to testify; and any failure to obey any such order of the courtmay be punished by the court as a contempt thereof.
(e) Statements ofcharges, notices, orders, and other processes of the Commissioner under thisArticle may be served by anyone duly authorized by the Commissioner, either inthe manner provided by law for service of process in civil actions, or byregistering and mailing a copy thereof to the person affected by suchstatement, notice, order, or other process at his or its residence or principaloffice or place of business. The verified return by the person so serving suchstatement, notice, order, or other process, setting forth the manner of suchservice, shall be proof of the same, and the return postcard receipt for suchstatement, notice, order, or other process, registered and mailed as aforesaid,shall be proof of the service of the same. (1949, c. 1112; 1995, c. 193,s. 49.)
§58‑63‑25. Hearings, witnesses, appearances, production of booksand service of process.
(a) When theCommissioner has reason to believe that any person has been engaged or isengaging in this State in any unfair method of competition or any unfair or deceptiveact or practice defined in G.S. 58‑63‑15 or under G.S. 58‑63‑65,and that a proceeding by the Commissioner on the matter would be in theinterest of the public, the Commissioner shall issue and serve upon the persona statement of the charges in that respect and a notice of the hearing on thematter to be held at the time and place fixed in the notice, which shall not beless than 10 days after the date of the service of the notice.
(b) At the time andplace fixed for such hearing, such person shall have an opportunity to be heardand to show cause why an order should not be made by the Commissioner requiringsuch person to cease and desist from the acts, methods or practices socomplained of. Upon good cause shown, the Commissioner shall permit any personto intervene, appear and be heard at such hearing by counsel or in person.
(c) Nothing containedin this Article shall require the observance at any such hearing of formalrules of pleading or evidence.
(d) The Commissioner,upon such hearing, may administer oaths, examine and cross‑examinewitnesses, receive oral and documentary evidence, and shall have the power tosubpoena witnesses, compel their attendance, and require the production ofbooks, papers, records, correspondence, or other documents which he deemsrelevant to the inquiry. The Commissioner, upon such hearing, may, and upon therequest of any party shall, cause to be made a stenographic record of all theevidence and all the proceedings had at such hearing. If no stenographic recordis made and if a judicial review is sought, the Commissioner shall prepare astatement of the evidence and proceeding for use on review. In case of arefusal of any person to comply with any subpoena issued hereunder or totestify with respect to any matter concerning which he may be lawfullyinterrogated, the Superior Court of Wake County, on application of theCommissioner, may issue an order requiring such person to comply with suchsubpoena and to testify; and any failure to obey any such order of the courtmay be punished by the court as a contempt thereof.
(e) Statements ofcharges, notices, orders, and other processes of the Commissioner under thisArticle may be served by anyone duly authorized by the Commissioner, either inthe manner provided by law for service of process in civil actions, or byregistering and mailing a copy thereof to the person affected by suchstatement, notice, order, or other process at his or its residence or principaloffice or place of business. The verified return by the person so serving suchstatement, notice, order, or other process, setting forth the manner of suchservice, shall be proof of the same, and the return postcard receipt for suchstatement, notice, order, or other process, registered and mailed as aforesaid,shall be proof of the service of the same. (1949, c. 1112; 1995, c. 193,s. 49.)
§58‑63‑25. Hearings, witnesses, appearances, production of booksand service of process.
(a) When theCommissioner has reason to believe that any person has been engaged or isengaging in this State in any unfair method of competition or any unfair or deceptiveact or practice defined in G.S. 58‑63‑15 or under G.S. 58‑63‑65,and that a proceeding by the Commissioner on the matter would be in theinterest of the public, the Commissioner shall issue and serve upon the persona statement of the charges in that respect and a notice of the hearing on thematter to be held at the time and place fixed in the notice, which shall not beless than 10 days after the date of the service of the notice.
(b) At the time andplace fixed for such hearing, such person shall have an opportunity to be heardand to show cause why an order should not be made by the Commissioner requiringsuch person to cease and desist from the acts, methods or practices socomplained of. Upon good cause shown, the Commissioner shall permit any personto intervene, appear and be heard at such hearing by counsel or in person.
(c) Nothing containedin this Article shall require the observance at any such hearing of formalrules of pleading or evidence.
(d) The Commissioner,upon such hearing, may administer oaths, examine and cross‑examinewitnesses, receive oral and documentary evidence, and shall have the power tosubpoena witnesses, compel their attendance, and require the production ofbooks, papers, records, correspondence, or other documents which he deemsrelevant to the inquiry. The Commissioner, upon such hearing, may, and upon therequest of any party shall, cause to be made a stenographic record of all theevidence and all the proceedings had at such hearing. If no stenographic recordis made and if a judicial review is sought, the Commissioner shall prepare astatement of the evidence and proceeding for use on review. In case of arefusal of any person to comply with any subpoena issued hereunder or totestify with respect to any matter concerning which he may be lawfullyinterrogated, the Superior Court of Wake County, on application of theCommissioner, may issue an order requiring such person to comply with suchsubpoena and to testify; and any failure to obey any such order of the courtmay be punished by the court as a contempt thereof.
(e) Statements ofcharges, notices, orders, and other processes of the Commissioner under thisArticle may be served by anyone duly authorized by the Commissioner, either inthe manner provided by law for service of process in civil actions, or byregistering and mailing a copy thereof to the person affected by suchstatement, notice, order, or other process at his or its residence or principaloffice or place of business. The verified return by the person so serving suchstatement, notice, order, or other process, setting forth the manner of suchservice, shall be proof of the same, and the return postcard receipt for suchstatement, notice, order, or other process, registered and mailed as aforesaid,shall be proof of the service of the same. (1949, c. 1112; 1995, c. 193,s. 49.)
