§ 58-2-85. Procedure on appeal under § 58-2-80. - North Carolina Statutes

§ 58‑2‑85. Procedure on appeal under § 58‑2‑80.

Appeals to the North CarolinaCourt of Appeals pursuant to G.S. 58‑2‑80 shall be subject to thefollowing provisions:

(1)        No party to aproceeding before the Commissioner may appeal from any final order or decisionof the Commissioner unless within 30 days after the entry of such final orderor decision, or within such time thereafter as may be fixed by theCommissioner, by order made within 30 days, the party aggrieved by suchdecision or order shall file with the Commissioner notice of appeal.

(2)        Any party may appealfrom all or any portion of any final order or decision of the Commissioner inthe manner herein provided. Copy of the notice of appeal shall be mailed by theappealing party at the time of filing with the Commissioner, to each party tothe proceeding to the addresses as they appear in the files of the Commissionerin the proceeding. The failure of any party, other than the Commissioner, to beserved with or to receive a copy of the notice of appeal shall not affect thevalidity or regularity of the appeal.

(3)        Repealed by SessionLaws 2009‑566, s. 26, effective October 1, 2009, and applicable toappeals filed on or after that date.

(4)        The appeal shall lieto the Court of Appeals as provided in G.S. 7A‑29. The procedure for theappeal shall be as provided by the rules of appellate procedure.

(5),       (6)  Repealed bySession Laws 1975, c. 391, s. 11.

(7)        The Court of Appealsshall hear and determine all matters arising on such appeal, as in this Articleprovided, and may in the exercise of its discretion assign the hearing of saidappeal to any panel of the Court of Appeals.

(8)        Unless otherwiseprovided by the rules of appellate procedure, the cause on appeal from theCommissioner of Insurance shall be entitled "State of North Carolina exrel. Commissioner of Insurance (here add any additional parties in support ofthe Commissioner's order and their capacity before the Commissioner).Appellee(s) v. (here insert name of appellant and his capacity before theCommissioner), Appellant." Appeals from the Insurance Commissioner pendingin the superior courts on January 1, 1972, shall remain on the civil issuedocket of such superior court and shall have priority over other civil actions.Appeals to the Court of Appeals under G.S. 7A‑29 shall be docketed inaccordance with the rules of appellate procedure.

(9)        In any appeal to theCourt of Appeals, the complainant in the original complaint before theCommissioner shall be a party to the record and each of the parties to theproceeding before the Commissioner shall have a right to appear and participatein said appeal.

(10)      An appeal under thissection shall operate as a stay of the Commissioner's order or decision untilsaid appeal has been dismissed or the questions raised by the appeal determinedaccording to law.  (1971,c. 703, s. 3; 1975, c. 391, s. 11; 2009‑566, s. 26.)