State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-210_94

§ 90‑210.94.  Right of appeal upon revocation orsuspension of license.

Upon the revocation or suspension of any license or authority by theBoard of Funeral Service, under any of the provisions of this Article, the saidassociation or individual whose license or authority has been revoked orsuspended shall have the right of appeal from the action of the Board ofFuneral Service in revoking or suspending such license or authority to theSuperior Court of Wake County or to the superior court of the county in whichthe said association or the said individual is domiciled or, upon agreement ofthe parties to the appeal, to any other superior court of the State. Theassociation or individual appealing from the order of the Board of FuneralService shall give notice of appeal in writing to the Board of Funeral Service,with a copy of such notice to the clerk of the superior court to which theappeal is taken, within 10 days of the date of notice of the order revoking orsuspending the said license or authority and shall pay such appeal fees to theclerk of superior court as are required by law. Within 30 days after receipt ofthe notice of appeal, the Board of Funeral Service shall file with the clerk ofthe superior court of the county in which the appeal is to be heard thedecision of the Board of Funeral Service. Upon receipt of such decision, theclerk of superior court shall place the matter upon the civil issue docket ofthe superior court and the same shall be heard de novo. Pending such appeal,the burial association or individual whose license or authority has beensuspended or revoked shall continue to operate or function as before therevocation or suspension and until final adjudication by the superior court. (1941, c. 130, s. 14; 1943, c. 272, s. 4; 1957, c. 820, s. 3; 1973, c.108, s. 20; 1975, c. 837; 1987, c. 864, s. 12; 1997‑313, s. 5; 2003‑420,ss. 1, 17(b).)