§ 113-406. Effect of pendency of judicial review; stay of proceedings. - North Carolina Statutes

§ 113‑406.  Effectof pendency of judicial review; stay of proceedings.

The filing or pendency of the application for judicial review providedfor in this Article shall not in itself stay or suspend the operation of anyorder or decision of the Department, but, during the pendency of suchproceeding the court, in its discretion, may stay or suspend, in whole or inpart, the operation of the order or decision of the Department. No order sostaying or suspending an order or decision of the Department shall be made byany court of this State otherwise than on five days' notice and, after ahearing, and if a stay or suspension is allowed the order granting the sameshall contain a specific finding, based upon evidence submitted to the courtand identified by reference thereto, that great or irreparable damage wouldotherwise result to the petitioner and specifying the nature of the damage. (1945, c. 702, s. 26; 1973, c. 1262, s. 86; 1987, c.827, s. 120.)