§ 131E-192.10. Right to judicial action. - North Carolina Statutes

§ 131E‑192.10. Right to judicial action.

(a)        Any applicant or other person aggrieved by a decision toissue or not issue a certificate of public advantage is entitled to judicialreview of the action or inaction in superior court.  Suit for judicial reviewunder this subsection shall be filed within 30 days of public notice of thedecision to issue or deny issuance of the certificate.  To prevail in anyaction for judicial review brought under this subsection, the plaintiff orpetitioner must establish that the determination by the Department or theAttorney General was arbitrary or capricious.

(b)        Any party or other person aggrieved by a decision to allow acertificate to remain in effect or to make changes in the conditions of acertificate is entitled to judicial review of the decision in superior court. Suit for judicial review under this subsection shall be filed within 30 days ofpublic notice of the decision to allow the certificate to remain in effect orto make changes in the conditions of the certificate.  To prevail in any actionfor judicial review brought under this subsection, the plaintiff or petitionermust establish that the determination by the Department or the Attorney Generalwas arbitrary or capricious.

(c)        If the Department or the Attorney General determines thatthe certificate should not remain in effect, the Attorney General may bringsuit in the Superior Court of Wake County on behalf of the Department, or onits own behalf, to seek an order to authorize the cancellation of the certificate. To prevail in the action, the Attorney General must establish that the benefitsresulting from the agreement are outweighed by the disadvantages attributableto a reduction in competition resulting from the agreement.

     (d) In any action instituted under this section, the work product of theDepartment, the Attorney General or his staff, is not a public record underChapter 132, and shall not be discoverable or admissable, nor shall theAttorney General or any member of his staff be compelled to be a witness,whether in discovery or at any hearing or trial. (1993, c. 529, s. 5.2.)