State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_18B > GS_18B-906

§ 18B‑906. Applicability of Administrative Procedure Act.

(a)        Act Applies. – AnABC permit is a "license" within the meaning of G.S. 150B‑2,and, except for revocation pursuant to G.S. 18B‑904(e)(3), a Commissionaction on issuance, suspension, or revocation of an ABC permit, other than atemporary permit issued under G.S. 18B‑905, is a "contestedcase" subject to the provisions of Chapter 150B except as provided in thissection.

(b)        Exception onHearing Location. – Hearings on ABC permits shall be held in Ahoskie,Asheville, Bryson City, Charlotte, Elizabeth City, Fayetteville, Franklin,Goldsboro, Greensboro, Greenville, Hickory, Jacksonville, Kinston, New Bern,Raleigh, Statesville, Wilmington, and Winston‑Salem. Hearings shall beheld within 100 miles, as best can be determined by the Commission, of thecounty seat of the county in which the licensed business or proposed businessis located. The hearing may be held, however, at any place upon agreement ofthe Commission and all other parties.

(c)        Exception on NewEvidence. – In making a final decision in a contested case in which an issue iswhether to deny an application for an ABC permit because either the applicantor the location for the proposed ABC permit is unsuitable, the Commission mayhear evidence of acts that occurred after the date the contested case hearingwas held if the evidence is admissible under G.S. 150B‑29(a). Newevidence heard under this subsection is not grounds for reversal or remandunder G.S. 150B‑51(a). (1939, c. 158, s. 514; 1943, c. 400, s. 6; 1945, c.903, s. 1; 1947, c. 1098, ss. 2, 3; 1949, c. 974, ss. 8, 14; 1953, c. 1207, ss.2‑4; 1957, cc. 1048, 1440; 1963, c. 426, ss. 4, 5, 10‑12; c. 460,s. 1; 1971, c. 872, s. 1; 1975, c. 825, s. 1; 1977, c. 176, s. 9; 1981, c. 412,s. 2; 1987, c. 827, s. 1; 1993, c. 415, s. 13; 2005‑392, s. 5.)