State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_78D > GS_78D-31

§78D‑31.  Judicial review of orders.

(a)        Any personaggrieved by a final order of the Administrator may obtain a review of theorder in the Superior Court of Wake County by filing in court, within 30 daysafter a written copy of the decision is served upon the person by personalservice or by registered or certified mail, a written petition praying that theorder be modified or set aside in whole or in part.  A copy of the petitionshall be forthwith served upon the Administrator, and thereupon the Administratorshall certify and file in court a copy of the filing and evidence upon whichthe order was entered.  When these have been filed, the court has exclusivejurisdiction to affirm, modify, enforce, or set aside the order, in whole or inpart.  The findings of the Administrator as to the facts, if supported bycompetent, material and substantial evidence, are conclusive.  If either partyapplies to the court for leave to adduce additional material evidence, andshows to the satisfaction of the court that there were reasonable grounds forfailure to adduce the evidence in the hearing before the Administrator, thecourt may order the additional evidence to be taken before the Administratorand to be adduced upon the hearing in such manner and upon such conditions asthe court considers proper.  The Administrator may modify his findings andorder by reason of the additional evidence and shall file in court theadditional evidence together with any modified or new findings or order.  Thejudgment of the court is final, subject to review by the Court of Appeals.

(b)        The commencement ofproceedings under subsection (a) does not, unless specifically ordered by thecourt, operate as a stay of the Administrator's order. (1989,c. 634, s. 1.)