State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-21_29

§ 90‑21.29. Objection by Attorney General.

If the Attorney General is not persuaded that the applicant hasdemonstrated by clear and convincing evidence that the benefits likely toresult from the agreement outweigh the likely disadvantages of any reduction ofcompetition to result from the agreement as set forth in G.S. 90‑21.27,the Attorney General may, within the review period, state an objection to theissuance of a certificate of public advantage and may extend the review periodfor a specified period of time. Notice of the objection and any extension ofthe review period shall be provided in writing to the applicant, together witha general explanation of the concerns of the Attorney General. The parties mayattempt to reach agreement with the Attorney General on modifications to theagreement or to conditions in the certificate so that the Attorney General nolonger objects to issuance of a certificate. If the Attorney General withdrawsthe objection and the Department maintains its determination that a certificateshould be issued, the Department shall issue a certificate of public advantagewith any appropriate conditions as soon as practicable following withdrawal ofthe objection. If the Attorney General does not withdraw the objection, acertificate shall not be issued. (1995, c. 395, s. 2.)