§ 62-98. Peremptory mandamus to enforce order, when no appeal. - North Carolina Statutes

§ 62‑98. Peremptory mandamus to enforce order, when no appeal.

(a)        If no appeal is taken from an order or decision of theCommission within the time prescribed by law and the person to which the orderor decision is directed fails to put the same in operation, as thereinrequired, the Commission may apply to a superior court judge who hasjurisdiction pursuant to G.S. 7A‑47.1 or G.S. 7A‑48 in Wake Countyor in the district or set of districts as defined in G.S. 7A‑41.1 inwhich the business is conducted, upon 10 days' notice, for a peremptorymandamus upon said person for the putting in force of said order or decision;and if said judge shall find that the order of said Commission was valid andwithin the scope of its powers, he shall issue such peremptory mandamus.

(b)        An appeal shall lie to the Court of Appeals in behalf of theCommission, or the defendant, from the refusal or the granting of suchperemptory mandamus. The remedy prescribed in this section for enforcement oforders of the Commission is in addition to other remedies prescribed by law. (1949, c. 989, s. 1; 1963, c. 1165, s. 1; 1967, c.1190, s. 4; 1987 (Reg. Sess., 1988), c. 1037, s. 92.)