§ 58-48-42. Procedure for appeal to Commissioner from decision of Association. - North Carolina Statutes

§58‑48‑42.  Procedure for appeal to Commissioner from decision ofAssociation.

In any hearing called by theCommissioner for an appeal made pursuant to G.S. 58‑48‑40(c)(7), nolater than 20 days before the hearing the appellant shall file with the Commissioneror the Commissioner's designated hearing officer and shall serve on theappellee a written statement of the appellant's case and any evidence theappellant intends to offer at the hearing.  No later than five days before thehearing, the appellee shall file with the Commissioner or the Commissioner'sdesignated hearing officer and shall serve on the appellant a written statementof the appellee's case and any evidence the appellee intends to offer at thehearing.  Each hearing shall be recorded and transcribed.  The cost of therecording and transcribing shall be borne equally by the appellant and theappellee.  However, upon any final adjudication the prevailing party shall bereimbursed for that party's share of the costs by the other party.  Each partyshall, on a date determined by the Commissioner or the Commissioner'sdesignated hearing officer, but not sooner than 15 days after delivery of thecompleted transcript to the party, submit to the Commissioner or theCommissioner's designated hearing officer and serve on the other party, aproposed order.  The Commissioner or the Commissioner's designated hearingofficer shall then issue an order. (1991, c. 644, s. 31; 1993,c. 504, s. 42.)