§ 62-76. Hearings by Commission, panel of three commissioners, single commissioner, or examiner. - North Carolina Statutes

§ 62‑76.  Hearingsby Commission, panel of three commissioners, single commissioner, or examiner.

(a)        Except as otherwise provided in this Chapter, any matterrequiring a hearing shall be heard and decided by the Commission or shall bereferred to a panel of three commissioners or one of the commissioners or aqualified member of the Commission staff as examiner for hearing, report andrecommendation of an appropriate order or decision thereon. Subject to thelimitations prescribed in this Article, a panel of three commissioners, hearingcommissioner or examiner to whom a hearing has been referred by order of thechairman shall have all the rights, duties, powers and jurisdiction conferredby this Chapter upon the Commission. The chairman, in his discretion, maydirect any hearing by the Commission or any panel, commissioner or examiner tobe held in such place or places within the State as he may determine to be inthe public interest and as will best serve the convenience of interestedparties. Before any member of the Commission staff enters upon the performanceof duties as an examiner, he shall first take, subscribe to and file with theCommission an oath similar to the oath required of members of the Commission.

(b)        Repealed by Session Laws 1975, c. 243, s. 5.

(c)        In all cases in which a pending proceeding shall be assignedto a hearing commissioner, such commissioner shall hear and determine theproceedings and submit his recommended order, but, in the event of a petitionto the full Commission to review such recommended order, the hearingcommissioner shall take no part in such review, either in hearing oral argumentor in consideration of the Commission's decision, but his vote shall be countedin such decision to affirm his original order. (1949, c. 989, s. 1; 1959, c. 639, s. 3; 1963, c.1165, s. 1; 1975, c. 243, ss. 5, 9, 10.)