State Codes and Statutes

Statutes > North-carolina > Chapter_62 > GS_62-90

Article 5.

Review and Enforcement of Orders.

§ 62‑90.  Right of appeal; filing of exceptions.

(a)        Any party to a proceeding before the Commission may appealfrom any final order or decision of the Commission within 30 days after theentry of such final order or decision, or within such time thereafter as may befixed by the Commission, not to exceed 30 additional days, and by order madewithin 30 days, if the party aggrieved by such decision or order shall filewith the Commission notice of appeal and exceptions which shall set forthspecifically the ground or grounds on which the aggrieved party considers saiddecisions or order to be unlawful, unjust, unreasonable or unwarranted, andincluding errors alleged to have been committed by the Commission.

All other parties may give notice of cross appeal and set outexceptions which shall set forth specifically the grounds on which the saidparty considers said decision or order to be unlawful, unjust, unreasonable orunwarranted, and including errors alleged to have been committed by theCommission. Such notice of cross appeal and exceptions shall be filed with theCommission within 20 days after the first notice of appeal and exceptions hasbeen filed, or within such time thereafter as may be fixed by the Commission,not to exceed 20 additional days by order made within 20 days of the firstfiled notice of appeal and exceptions.

(b)        Any party may appeal from all or any portion of any finalorder or decision of the Commission in the manner herein provided. Copy of thenotice of appeal shall be mailed by the appealing party at the time of filingwith the Commission, to each party to the proceeding to the addresses as theyappear in the files of the Commission in the proceeding. The failure of anyparty, other than the Commission, to be served with or to receive a copy of thenotice of appeal shall not affect the validity or regularity of the appeal.

(c)        The Commission may on motion of any party to the proceedingor on its own motion set the exceptions to the final order upon which suchappeal is based for further hearing before the Commission.

(d)        The appeal shall lie to the appellate division of theGeneral Court of Justice as provided in G.S. 7A‑29. The procedure for theappeal shall be as provided by the rules of appellate procedure.

(e), (f) Repealed by Session Laws 1975, c. 391, s. 12.

(g)        Repealed by Session Laws 1983, c. 526, s. 5. (1949, c. 989, s. 1; 1955, c. 1207, s. 1; 1959, c.639, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 1; 1975, c. 391, s. 12; 1983,c. 526, ss. 4, 5; c. 572.)

State Codes and Statutes

Statutes > North-carolina > Chapter_62 > GS_62-90

Article 5.

Review and Enforcement of Orders.

§ 62‑90.  Right of appeal; filing of exceptions.

(a)        Any party to a proceeding before the Commission may appealfrom any final order or decision of the Commission within 30 days after theentry of such final order or decision, or within such time thereafter as may befixed by the Commission, not to exceed 30 additional days, and by order madewithin 30 days, if the party aggrieved by such decision or order shall filewith the Commission notice of appeal and exceptions which shall set forthspecifically the ground or grounds on which the aggrieved party considers saiddecisions or order to be unlawful, unjust, unreasonable or unwarranted, andincluding errors alleged to have been committed by the Commission.

All other parties may give notice of cross appeal and set outexceptions which shall set forth specifically the grounds on which the saidparty considers said decision or order to be unlawful, unjust, unreasonable orunwarranted, and including errors alleged to have been committed by theCommission. Such notice of cross appeal and exceptions shall be filed with theCommission within 20 days after the first notice of appeal and exceptions hasbeen filed, or within such time thereafter as may be fixed by the Commission,not to exceed 20 additional days by order made within 20 days of the firstfiled notice of appeal and exceptions.

(b)        Any party may appeal from all or any portion of any finalorder or decision of the Commission in the manner herein provided. Copy of thenotice of appeal shall be mailed by the appealing party at the time of filingwith the Commission, to each party to the proceeding to the addresses as theyappear in the files of the Commission in the proceeding. The failure of anyparty, other than the Commission, to be served with or to receive a copy of thenotice of appeal shall not affect the validity or regularity of the appeal.

(c)        The Commission may on motion of any party to the proceedingor on its own motion set the exceptions to the final order upon which suchappeal is based for further hearing before the Commission.

(d)        The appeal shall lie to the appellate division of theGeneral Court of Justice as provided in G.S. 7A‑29. The procedure for theappeal shall be as provided by the rules of appellate procedure.

(e), (f) Repealed by Session Laws 1975, c. 391, s. 12.

(g)        Repealed by Session Laws 1983, c. 526, s. 5. (1949, c. 989, s. 1; 1955, c. 1207, s. 1; 1959, c.639, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 1; 1975, c. 391, s. 12; 1983,c. 526, ss. 4, 5; c. 572.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_62 > GS_62-90

Article 5.

Review and Enforcement of Orders.

§ 62‑90.  Right of appeal; filing of exceptions.

(a)        Any party to a proceeding before the Commission may appealfrom any final order or decision of the Commission within 30 days after theentry of such final order or decision, or within such time thereafter as may befixed by the Commission, not to exceed 30 additional days, and by order madewithin 30 days, if the party aggrieved by such decision or order shall filewith the Commission notice of appeal and exceptions which shall set forthspecifically the ground or grounds on which the aggrieved party considers saiddecisions or order to be unlawful, unjust, unreasonable or unwarranted, andincluding errors alleged to have been committed by the Commission.

All other parties may give notice of cross appeal and set outexceptions which shall set forth specifically the grounds on which the saidparty considers said decision or order to be unlawful, unjust, unreasonable orunwarranted, and including errors alleged to have been committed by theCommission. Such notice of cross appeal and exceptions shall be filed with theCommission within 20 days after the first notice of appeal and exceptions hasbeen filed, or within such time thereafter as may be fixed by the Commission,not to exceed 20 additional days by order made within 20 days of the firstfiled notice of appeal and exceptions.

(b)        Any party may appeal from all or any portion of any finalorder or decision of the Commission in the manner herein provided. Copy of thenotice of appeal shall be mailed by the appealing party at the time of filingwith the Commission, to each party to the proceeding to the addresses as theyappear in the files of the Commission in the proceeding. The failure of anyparty, other than the Commission, to be served with or to receive a copy of thenotice of appeal shall not affect the validity or regularity of the appeal.

(c)        The Commission may on motion of any party to the proceedingor on its own motion set the exceptions to the final order upon which suchappeal is based for further hearing before the Commission.

(d)        The appeal shall lie to the appellate division of theGeneral Court of Justice as provided in G.S. 7A‑29. The procedure for theappeal shall be as provided by the rules of appellate procedure.

(e), (f) Repealed by Session Laws 1975, c. 391, s. 12.

(g)        Repealed by Session Laws 1983, c. 526, s. 5. (1949, c. 989, s. 1; 1955, c. 1207, s. 1; 1959, c.639, s. 1; 1963, c. 1165, s. 1; 1967, c. 1190, s. 1; 1975, c. 391, s. 12; 1983,c. 526, ss. 4, 5; c. 572.)