§ 95-123. Orders. - North Carolina Statutes

§ 95‑123.  Orders.

If, after investigation, theCommissioner finds that a violation of any of his rules and regulations exists,or that there is a condition in passenger tramway construction, operation, ormaintenance which endangers the safety of the public, the Commissioner shallforthwith issue his written order setting forth his findings, the correctiveaction to be taken, and fixing a reasonable time for compliance therewith. Theorder shall be sent to the affected operator by certified mail with returnreceipt, by signature confirmation as provided by the U.S. Postal Service, by adesignated delivery service authorized pursuant to 26 U.S.C. § 7502(f)(2) withdelivery receipt, or via hand delivery, and shall become final unless theoperator contests the order by filing a petition for a contested case underG.S. 150B‑23 within 20 days after receiving the order. The Commissionershall have the power to institute injunctive proceedings in any court ofcompetent jurisdiction of the district court district as defined in G.S. 7A‑133or superior court district or set of districts as defined in G.S. 7A‑41.1,as the case may be, in which the passenger tramway is located for the purposeof restraining the operation of said tramway or for compelling compliance with anylawful order of the Commissioner. Judicial review of a final decision underthis section may be obtained under Article 4 of Chapter 150B of the GeneralStatutes. (1969,c. 1021; 1973, c. 1331, s. 3; 1987, c. 827, s. 264; 1987 (Reg. Sess., 1988), c.1037, s. 106; 2003‑308, s. 5; 2007‑231, s. 9.)