§ 20-279.2. Commissioner to administer Article; appeal to court. - North Carolina Statutes

§ 20‑279.2. Commissioner to administer Article; appeal to court.

(a)        The Commissionershall administer and enforce the provisions of this Article and may make rulesand regulations necessary for its administration and shall provide for hearingsupon request of persons aggrieved by orders or acts of the Commissioner underthe provisions of this Article.

(b)        Any personaggrieved by an order or act of the Commissioner requiring a suspension orrevocation of his license under the provisions of this Article, or requiringthe posting of security as provided in this Article, or requiring thefurnishing of proof of financial responsibility, may file a petition in thesuperior court of the county in which the petitioner resides for a review, andthe commencement of such a proceeding shall suspend the order or act of theCommissioner pending the final determination of the review. A copy of suchpetition shall be served upon the Commissioner, and the Commissioner shall have20 days after such service in which to file answer. The appeal shall be heardin said county by the judge holding court in said county or by the residentjudge. At the hearing upon the petition the judge shall sit without theintervention of a jury and shall receive such evidence as shall be deemed bythe judge to be relevant and proper. Except as otherwise provided in thissection, upon the filing of the petition herein provided for, the procedureshall be the same as in civil actions.

The matter shall be heard denovo and the judge shall enter his order affirming the act or order of theCommissioner, or modifying same, including the amount of bond or security to begiven by the petitioner. If the court is of the opinion that the petitioner wasprobably not guilty of negligence or that the negligence of the other  partywas probably the sole proximate cause of the collision, the judge shall reversethe act or order of the Commissioner. Either party may appeal from such orderto the Supreme Court in the same manner as in other appeals from the superior courtand the appeal shall have the effect of further staying the act or order of theCommissioner requiring a suspension or revocation of the petitioner's license.

No act, or order given orrendered in any proceeding hereunder shall be admitted or used in any othercivil or criminal action. (1953, c. 1300, s. 2.)