§ 62-60.1. Commission to sit in panels of three. - North Carolina Statutes

§ 62‑60.1. Commission to sit in panels of three.

(a)        The Utilities Commission shall sit in panels of threecommissioners each unless the chairman by order shall set the proceeding forhearing by the full Commission.

(b)        Any order or decision made unanimously by a panel of threecommissioners shall constitute the order or decision of the Commission, exceptas otherwise provided in this Chapter; provided, however, that upon motion ofany three commissioners not sitting on the panel, made within 10 days of issuanceof such order or decision of the panel, with notice to parties of record, theorder or decision of the panel shall thereby be stayed and the full Commissionshall review the order or decision of the panel and shall within 30 days of said motion either affirm or modify the order or decision of the panel orremand the matter to the panel for further proceedings; provided that theforegoing shall not limit the right of parties to seek review of such order ordecision under G.S. 62‑90.

(c)        In the event an order or decision of the panel of three isnot made unanimously, such order or decision shall be a recommended order only,subject to review by the full Commission, with all commissioners eligible toparticipate in the final arguments and decision. Review shall take place inaccordance with the provisions of G.S. 62‑78 and the Commission shalldecide the matter in controversy and make appropriate order or decision thereonwithin 60 days of the date of the recommended order. If within the filingperiod specified by the panel no exception has been filed by a party, or if theCommission within the same period has not advised the parties that it willconduct a review upon its own motion, the recommended order or decision shallbecome the final order or decision of the Commission. Nothing in this sectionshall amend or repeal the provisions of G.S. 62‑134.

(d)        This section shall become effective July 1, 1975, and shallnot affect the utilization of or the procedures outlined for utilization of ahearing commissioner or a hearing examiner as provided for elsewhere in Chapter62. (1975, c. 243, s. 4; 1977,c. 468, s. 13.)