Notwithstanding, we elect in our discretion to consider the instant appeal on its merits. See N.C.R. App. However, in view of the ever increasing volume of appeals considered by this Court and in the spirit of encouraging compliance with the appellate rules, we also elect in our discretion to assess double costs against the Department. See N.C.R. App. As an appellate court reviewing the order of a trial court regarding a final agency decision our duty is to examine the court's order for error of law.
Statutory interpretation presents a question of law.
An agency . . . This time limit may be extended by the parties or, for good cause shown, by the agency for an additional period of up to 90 days. . . . If an agency subject to Article 3 of this Chapter has not made a final decision within these time limits, the agency is considered to have adopted the administrative law judge's recommended decision as the agency's final decision. Empire Power Co. v. Because the record before it was not complete until its 14 November 1995 receipt of tape recordings of testimony before the ALJ, the Department argues, it was statutorily accorded ninety days from that date to render a decision.