§ 90-21.33. Right to judicial action. - North Carolina Statutes

§ 90‑21.33.  Rightto judicial action.

(a)        Any applicant or other person aggrieved by a decision toissue or not issue a certificate of public advantage is entitled to judicialreview of the action or inaction in superior court. Suit for judicial review underthis subsection shall be filed within 30 days of public notice of the decisionto issue or deny issuance of the certificate. To prevail in any action forjudicial review brought under this subsection, the plaintiff or petitioner mustestablish that the determination by the Department or the Attorney General wasarbitrary or capricious.

(b)        Any party or other person aggrieved by a decision to allowthe certificate to remain in effect or to make changes in the conditions of thecertificate is entitled to judicial review of the decision in superior court.Suit for judicial review under this subsection shall be filed within 30 days ofpublic notice of the decision to allow the certificate to remain in effect orto make changes in the conditions of the certificate. To prevail in any actionfor judicial review brought under this subsection, the plaintiff or petitionermust establish that the determination by the Department or the Attorney Generalwas arbitrary or capricious.

(c)        If the Department or the Attorney General determines thecertificate should not remain in effect, the Attorney General may bring suit inthe Superior Court of Wake County on behalf of the Department or on its ownbehalf to seek an order to authorize the cancellation of the certificate. Toprevail in the action, the Attorney General must establish that the benefitsresulting from the agreement are outweighed by the disadvantages attributableto reduction in competition resulting from the agreement.

(d)        In any action instituted under this section, the workproduct of the Department or the Attorney General or his staff is not a publicrecord under Chapter 132 of the General Statutes and shall not be discoverableor admissible, nor shall the Attorney General or any member of the Attorney General'sstaff be compelled to be a witness, whether in discovery or at any hearing ortrial. (1995, c. 395, s. 2.)