State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_104E > GS_104E-13

§104E‑13.  Administrative procedures and judicial review.

(a)        The Department mayrefuse to grant a license as provided in G.S. 104E‑7 or 104E‑10 toany applicant who does not possess the requirements or qualifications which theCommission may prescribe in rules and regulations. The Department may suspend,revoke, or amend any license in the event that the person to whom such licensewas granted violates any of the rules and regulations of the Commission, orceases, or fails to have the reasonable facilities prescribed by theCommission: Provided, that before any order is entered denying an applicationfor a license or suspending, revoking, or amending a license previouslygranted, the applicant or person to whom such license was granted shall begiven notice and granted a hearing as provided in Chapter 150B of the NorthCarolina General Statutes.

(b)        Whenever theDepartment in its opinion determines that an emergency exists requiringimmediate action to protect the public health and safety the Department may,without notice or hearing, issue an order reciting the existence of suchemergency and requiring that such action be taken as is necessary to meet theemergency. Notwithstanding any provision of this Chapter, such order shall beeffective immediately. Any person to whom such order is directed shall complytherewith immediately, and on application to the Department shall be afforded ahearing within 10 days. On the basis of such hearing, the emergency order shallbe continued, modified, or revoked within 30 days after such hearing, as theDepartment may deem appropriate under the evidence.

(c)        Any applicant orperson to whom a license was granted who shall be aggrieved by any order of theDepartment or its duly authorized agent denying such application or suspending,revoking, or amending such license may appeal directly to the superior court asprovided in Chapter 150B of the North Carolina General Statutes. (1975,c. 718, s. 1; 1987, c. 850, s. 10.)