State Codes and Statutes
Statutes > North-carolina > Chapter_58 > GS_58-36-35§ 58‑36‑35. Appeal to Commissioner from decision of Bureau.
(a) Any member of theBureau may appeal to the Commissioner from any decision of the Bureau, exceptfor a decision made under G.S. 58‑36‑1(2). After a hearing held onnot fewer than 10 days' written notice to the appellant and to the Bureau, theCommissioner shall issue an order approving the decision or directing theBureau to reconsider the decision. If the Commissioner directs the Bureau toreconsider the decision and the Bureau fails to take action satisfactory to theCommissioner, the Commissioner shall make such order as the Commissioner maysee fit.
(b) No later than 20days before the hearing, the appellant shall file with the Commissioner or theCommissioner's designated hearing officer and shall serve on the appellee awritten statement of his case and any evidence the appellant intends to offerat the hearing. No later than five days before such hearing, the appellee shallfile with the Commissioner or the Commissioner's designated hearing officer andshall serve on the appellant a written statement of the appellee's case and anyevidence the appellee intends to offer at the hearing. Each such hearing shallbe recorded and transcribed. The cost of the recording and transcribing shallbe borne equally by the appellant and appellee; provided that upon any finaladjudication the prevailing party shall be reimbursed for his share of suchcosts by the other party. Each party shall, on a date determined by theCommissioner or the Commissioner's designated hearing officer, but not soonerthan 15 days after delivery of the completed transcript to the party, submit tothe Commissioner or the Commissioner's designated hearing officer and serve onthe other party, a proposed order. The Commissioner or the Commissioner'sdesignated hearing officer shall then issue an order. (1977, c. 828, s. 6; 1989, c.485, s. 28; 1989 (Reg. Sess., 1990), c. 1069, s. 16; 2001‑232, s. 3.)
