§ 150B-45 – Procedure for seeking review; waiver.
150B-45. Procedure for seeking review; waiver. (a) Procedure. – To obtain judicial review of a final decision under this Article, the person seeking review must file a petition within 30 days after the person is served with a written copy of the decision. The petition must be filed as follows: (1) Contested tax cases. – […]
§ 150B-46 – Contents of petition; copies served on all parties; intervention.
150B-46. Contents of petition; copies served on all parties; intervention. The petition shall explicitly state what exceptions are taken to the decision or procedure and what relief the petitioner seeks. Within 10 days after the petition is filed with the court, the party seeking the review shall serve copies of the petition by personal service […]
§ 150B-47 – Records filed with clerk of superior court; contents of records; costs.
150B-47. Records filed with clerk of superior court; contents of records; costs. Within 30 days after receipt of the copy of the petition for review, or within such additional time as the court may allow, the Office of Administrative Hearings shall transmit to the reviewing court the original or a certified copy of the official […]
§ 150B-48 – Stay of decision.
150B-48. Stay of decision. At any time before or during the review proceeding, the person aggrieved may apply to the reviewing court for an order staying the operation of the administrative decision pending the outcome of the review. The court may grant or deny the stay in its discretion upon such terms as it deems […]
§ 150B-49 – New evidence.
150B-49. New evidence. A party or person aggrieved who files a petition in the superior court may apply to the court to present additional evidence. If the court is satisfied that the evidence is material to the issues, is not merely cumulative, and could not reasonably have been presented at the administrative hearing, the court […]
§ 150B-50 – Review by superior court without jury.
150B-50. Review by superior court without jury. The review by a superior court of administrative decisions under this Chapter shall be conducted by the court without a jury. (1973, c. 1331, s. 1; 1983, c. 919, s. 2; 1985, c. 746, s. 1; 1987, c. 878, s. 18; 2011-398, s. 26.)
§ 150B-51 – Scope and standard of review.
150B-51. Scope and standard of review. (a), (a1) Repealed by Sessions Laws, 2011-398, s. 27. For effective date and applicability, see editor’s note. (b) The court reviewing a final decision may affirm the decision or remand the case for further proceedings. It may also reverse or modify the decision if the substantial rights of the […]
§ 150B-52 – Appeal; stay of court's decision.
150B-52. Appeal; stay of court’s decision. A party to a review proceeding in a superior court may appeal to the appellate division from the final judgment of the superior court as provided in G.S. 7A-27. The scope of review to be applied by the appellate court under this section is the same as it is […]
§ 150B-43 – Right to judicial review.
150B-43. Right to judicial review. Any party or person aggrieved by the final decision in a contested case, and who has exhausted all administrative remedies made available to the party or person aggrieved by statute or agency rule, is entitled to judicial review of the decision under this Article, unless adequate procedure for judicial review […]
§ 150B-44 – Right to judicial intervention when final decision unreasonably delayed.
150B-44. Right to judicial intervention when final decision unreasonably delayed. Failure of an administrative law judge subject to Article 3 of this Chapter or failure of an agency subject to Article 3A of this Chapter to make a final decision within 120 days of the close of the contested case hearing is justification for a […]