§ 136-149.1. Judicial review. - North Carolina Statutes

§136‑149.1.  Judicial review.

Any person who is aggrieved bya final decision of the Secretary of Transportation after exhausting alladministrative remedies made available to him by rules and regulations enactedpursuant to this Article is entitled to judicial review of such decision underthis Article. In order to obtain judicial review of the Secretary ofTransportation's decision under this Article, the person  seeking review mustfile a petition in the superior court of the county in which the junkyard islocated within 30 days after written copy of the decision of the Secretary ofTransportation is served upon the person seeking review. Failure to file such apetition within the time stated shall operate as a waiver of the right of suchperson to review under this Chapter.

The petition shall stateexplicitly what exceptions are taken to the decisions of the Secretary ofTransportation and what relief petitioner seeks. Within 10 days after thepetition is filed with the court, the person seeking the review shall servecopies of the petition by registered mail, return receipt requested, upon theDepartment of Transportation. Within 30 days after receipt of the copy of thepetition for review, or within such additional time as the court may allow, theDepartment of Transportation shall transmit to the reviewing court a certifiedcopy of the written decision.

At any time before or duringthe review proceeding, the aggrieved party may apply to the reviewing court foran order staying the operation of the decision of the Secretary ofTransportation pending the outcome of the review. The court may grant or denythe stay in its discretion upon such terms as it deems proper. The review ofthe decision of the Secretary of Transportation under this Article shall be conductedby the court without a jury and shall hear the matter de novo pursuant to therules of evidence as applied in the general court of justice. The court, afterhearing the matter may affirm, reverse or modify the decision if the decisionis:

(1)        In violation ofconstitutional provisions; or

(2)        Not made inaccordance with this Article or rules or regulations promulgated by theDepartment of Transportation;

(3)        Affected by othererror or law.

The party aggrieved shall havethe burden of showing that the decision was violative of one of the above.

A party to the reviewproceedings, including the agency, may appeal to the appellate division fromthe final judgment of the superior court under the rules of procedureapplicable in other civil cases. The appealing party may apply to the superiorcourt for a stay for its final determination or a stay of the administrativedecision, whichever shall be appropriate, pending the outcome of the appeal tothe appellate division. (1973, c. 1439, s. 10; 1977, c. 464, ss. 7.1,  32,33.)