§ 58-2-75. Court review of orders and decisions.
§58‑2‑75. Court review of orders and decisions.
(a) Any order ordecision made, issued or executed by the Commissioner, except an order to makegood an impairment of capital or surplus or a deficiency in the amount ofadmitted assets and except an order or decision that the premium rates chargedor filed on all or any class of risks are excessive, inadequate, unreasonable,unfairly discriminatory or are otherwise not in the public interest or that aclassification assignment is unwarranted, unreasonable, improper, unfairlydiscriminatory, or not in the public interest, shall be subject to review inthe Superior Court of Wake County on petition by any person aggrieved filedwithin 30 days from the date of the delivery of a copy of the order or decisionmade by the Commissioner upon such person. A copy of such petition for reviewas filed with and certified to by the clerk of said court shall be served uponthe Commissioner or in his absence upon someone in active charge of theDepartment within five days after the filing thereof. If such petition forreview is not filed within the said 30 days, the parties aggrieved shall bedeemed to have waived the right to have the merits of the order or decisionreviewed and there shall be no trial of the merits thereof by any court towhich application may be made by petition or otherwise, to enforce or restrainthe enforcement of the same.
(b) The Commissionershall within 30 days, unless the time be extended by order of court, after theservice of the copy of the petition for review as provided in subsection (a) ofthis section, prepare and file with the clerk of the Superior Court of WakeCounty a complete transcript of the record of the hearing, if any, had beforehim, and a true copy of the order or decision duly certified. The order ordecision of the Commissioner if supported by substantial evidence shall bepresumed to be correct and proper. The court may change the place of hearing,
(1) Upon consent of theparties; or
(2) When the convenienceof witnesses and the ends of justice would be promoted by the change; or
(3) When the judge hasat any time been interested as a party or counsel.
The cause shall be heard bythe trial judge as a civil case upon transcript of the record for review offindings of fact and errors of law only. It shall be the duty of the trialjudge to hear and determine such petition with all convenient speed and to thisend the cause shall be placed on the calendar for the next succeeding term forhearing ahead of all other cases except those already given priority by law. If on the hearing before the trial judge it shall appear that the record filedby the Commissioner is incomplete, he may by appropriate order direct theCommissioner to certify any or all parts of the record so omitted.
(c) The trial judgeshall have jurisdiction to affirm or to set aside the order or decision of theCommissioner and to restrain the enforcement thereof.
(d) Appeals from allfinal orders and judgments entered by the superior court in reviewing theorders and decisions of the Commissioner may be taken to the appellate divisionof the General Court of Justice by any party to the action as in other civilcases.
(e) The commencement ofproceedings under this section shall not operate as a stay of the Commissioner'sorder or decision, unless otherwise ordered by the court. (1945,c. 383; 1947, c. 721; 1969, c. 44, s. 55; 1971, c. 703, s. 1.)